Comer v. Felton
Court of Appeals for the Sixth Circuit
Appeal from tlie Circuit Court of the United States for the Eastern District of Tennessee. The appellee, S. M. Felton, is receiver for the Cincinnati, New Orleans & Texas Pacific Railway Company, hereafter designated as the Cincinnati Railway Company.
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Appeal from tlie Circuit Court of the United States for the Eastern District of Tennessee. The appellee, S. M. Felton, is receiver for the Cincinnati, New Orleans & Texas Pacific Railway Company, hereafter designated as the Cincinnati Railway Company. The appellant, H. M. Comer, is receiver for the Central Railroad & Banking Company of Georgia, a corporation hereafter designated a» the Central Railroad; and for the Savannah & Western Railroad, a corporation hereafter designated as the Savannah Railroad. This controversy is between Felton, as receiver for the Cincinnati Railway Company, and…
1Opinion of the CourtLurton, Circuit Judge
(after stating tlie facts as above)’. The defendant, Comer, was not made a party to the petition by service of process. Notice was given to his solicitor that on a day named an application would be made for a writ of assistance. Under this notice he appeared by counsel, and filed the demurrer to the petition heretofore set out. The first ground of demurrer goes to the jurisdiction of the court to grant a writ of assistance to dispossess him by an order made in a cause to which he was not a party. The second ground operated as an appearance and defense to the merits. It questions the order…
2Cases cited4 opinions
- In Re TylerSupreme Court of the United States · 1893
- Terrell v. AllisonSupreme Court of the United States · 1875
- Howard v. Railway Co.Supreme Court of the United States · 1880
- Central Trust Co. v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1894
3Cited by8 opinions
- United States v. Lee Wilson & Co.District Court, E.D. Arkansas · 1914
- Central Trust Co. of New York v. Chattanooga, R. & C. R.U.S. Circuit Court for the District of Eastern Tennessee · 1895
- Field v. Kansas City Refining Co.Court of Appeals for the Eighth Circuit · 1924
- Central Trust Co. of New York v. Wheeling & L. E. R.U.S. Circuit Court for the District of Northern Ohio · 1911
- Bennett v. Northern Pacific RailroadWashington Supreme Court · 1897
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