Underground Electric Rys. Co. of London v. Owslet
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Underground Electric Railways Company of London, Limited, against Louis P. Owsley, executor, and others. From an order appointing a receiver, Mary Adelaide Yerkes, defendant, appeals.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Underground Electric Railways Company of London, Limited, against Louis P. Owsley, executor, and others. From an order appointing a receiver, Mary Adelaide Yerkes, defendant, appeals. Appeal from orders of the Circuit Court, Southern District of New York, appointing a receiver of the property situated within said district of Charles T. Yerbes, late of Chicago, Ill., deceased. The following is a summary of the facts in the case: On December 29, 1905, said Charles T. Yerkes died…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The question upon the surface of this case is whether the receivership orders were proper. The question undertying is whether the Circuit Court had power to make them. The latter is a jurisdictional question, and is duty raised upon the record. Under a recent decision of *29the Supreme Court it is our duty to decide it. Boston, etc., R. Co. v. Gokey, 210 U. S. 155, 28 Sup. Ct. 657, 52 L. Ed. 1002.
The question of jurisdiction should first be considered. And this question in its essence is not whether the Circuit Court had power to grant all the relief prayed…
2Cases cited21 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Case of Broderick's WillSupreme Court of the United States · 1875
- Byers v. McAuleySupreme Court of the United States · 1893
- Farrell v. O'BrienSupreme Court of the United States · 1905
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3Cited by12 opinions
- Gordon v. WashingtonSupreme Court of the United States · 1935
- Smith v. JenningsCourt of Appeals for the Fifth Circuit · 1915
- Kurtzworth v. Illinois Racing BoardAppellate Court of Illinois · 1981
- In Re BurghDistrict Court, N.D. Illinois · 1933
- In re PeakeUnited States Bankruptcy Court, N.D. Illinois · 2018
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