Farmers' & Merchants' Bank of Phœnix v. Arizona Mut. Savings & Loan Ass'n
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Arizona; Wm. W. Sawtelle, Judge. Suit by Charles W. Clark against the Arizona Trust Company, in which the Arizona Mutual Savings & Loan Association and others were permitted to intervene.
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Appeal from the District Court of the United States for the District of Arizona; Wm. W. Sawtelle, Judge. Suit by Charles W. Clark against the Arizona Trust Company, in which the Arizona Mutual Savings & Loan Association and others were permitted to intervene. From a decree marshaling the assets and providing for the distribution of assets of the Loan Association, and denying the application of the Farmers’ & Merchants’ Bank of Phoenix, Ariz., to intervene (217 Fed- 640), it appeals. Charles W. Clark, a stockholder in the Arizona Mutual Savings & Loan Association, hereinafter called the Loan…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The decree of February 27, 1913, denies the rights of a large number of stockholders who are not named therein and unjustly distributes the money of the insolvent Loan Association contrary to the pleadings and the purpose of the suit. The decree of March 12, 1914, rectifies the errors of the former decree and provides for a just distribution of the assets of the corporation. The appellant says that the latter decree should not stand, that it is a nullity, because its effect is to set aside a; decree after the expiration of the term at which it was rendered,…
2Cases cited14 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Standard Oil Co. of Ind. v. MissouriSupreme Court of the United States · 1912
- Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
- Ex Parte CuttingSupreme Court of the United States · 1877
- Ricker v. PowellSupreme Court of the United States · 1879
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3Cited by33 opinions
- State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
- Board of Com'rs of Sweetwater County, Wyo. v. BernardinCourt of Appeals for the Tenth Circuit · 1934
- Jackson v. SmietankaCourt of Appeals for the Seventh Circuit · 1921
- Mullins v. De Soto Securities Co.Court of Appeals for the Fifth Circuit · 1943
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