Mallon v. Hyde
U.S. Circuit Court for the District of Washington
At Law. Action to recover money deposited in an insolvent national bank, commenced in the superior court of the state of Washington for Spokane county, and removed to this court by the defendants.
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At Law. Action to recover money deposited in an insolvent national bank, commenced in the superior court of the state of Washington for Spokane county, and removed to this court by the defendants. The complaint alleges that the defendants are officers 'and directors of a national bank now in charge of a receiver appointed by the comptroller of the currency; that they each assented to the reception of the money on deposit, by the bank, with full knowledge on their part that the bank was then insolvent, or in failing circumstances. The petition for removal states that, by the plaintiff’s…
1Opinion of the Court
HANFORD, District Judge.
In support of their motion to remand, the plaintiff’s attorneys have argued that the supposed federal question is not now a debatable question, — the same having been decided, and the law settled, by the supreme court of the United States, — and they have cited the following cases: Bank v. Kentucky, 9 Wall. 363, 364; Waite v. Dowley, 94 U. S. 527-534. It is true that the opinion of the supreme court in each of the cases cited lays down general principles which, in my opinion, must control the decision of the federal question in this case. But the supreme court, like…
2Cases cited3 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Waite v. DowleySupreme Court of the United States · 1877
- Eggleston v. City of SeattleWashington Supreme Court · 1903
3Cited by4 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Noble v. MartinWashington Supreme Court · 1937
- Barret v. SkalskySupreme Court of Kansas · 1925
- Paris v. BecknerSupreme Court of Oklahoma · 1930