Bremner v. Thomas

STONE, Circuit Judge.

This is a plenary action by the receiver of the Minneapolis & St. Louis Railroad Company against the receiver of the Merchants’ National Bank of Grinnell, Iowa, having as its object the impounding of certain moneys in the hands of the latter on the theory that such are held by him as trustee ex maleficio. The trial court sustained a motion to dismiss the bill upon the merits. From such order of dismissal this appeal is taken.

It is the duty of federal appellate courts, in every case, to examine its jurisdiction, whether such point has been raised or not. Smyth v. Asphalt…