Courtney v. Pradt
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. Merrit B. Atwater, a citizen of Wisconsin, and William C. Atwater, a citizen of Illinois, were partners, and in 1898 Merrit B. died testate, having appointed Louis A. Pradt, likewise a‘citizen of Wisconsin, his éxecutor. The/will was duly admitted to probate in Wisconsin, and Pradt duly qualified as executor, and has been and is acting as such.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. Merrit B. Atwater, a citizen of Wisconsin, and William C. Atwater, a citizen of Illinois, were partners, and in 1898 Merrit B. died testate, having appointed Louis A. Pradt, likewise a‘citizen of Wisconsin, his éxecutor. The/will was duly admitted to probate in Wisconsin, and Pradt duly qualified as executor, and has been and is acting as such. William C. Atwater was one of the legatees under the will. The Atwater Land and Lumber Company was a corporation of Wisconsin, engaged in buying, owning, holding…
1Opinion of the Court
Mr.' Chief Justice Fuller,
after making the foregoing statement of facts, delivered the opinion of the court.
It appears from the opinions of the Circuit Court, to which we properly may refer, Loeb v. Trustees, 179 U. S. 472, that the court held that the state court had no jurisdiction so far as William C. Atwater was concerned unless it had jurisdiction as against the foreign executor of his deceased partner; that the suit must be treated as if against the foreign executor alone; and that it could not be maintained against the foreign executor in the state court, nor in the Federal court. And…
2Cases cited13 opinions
- De Lima v. BidwellSupreme Court of the United States · 1901
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
- G. & C. Merriam Co. v. SaalfieldSupreme Court of the United States · 1916
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
- Board of Trade v. Hammond Elevator Co.Supreme Court of the United States · 1905
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