Knudsen v. First Trust & Savings Bank
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit by the First Trust & Savings Bank and another, trustees, against the Bitter Root Valley Irrigation Company and Flans B. Knudsen and another. From an order sustaining plaintiffs’ motion to strike a defense (237 Fed. 733), the last-named defendants appeal.
Read the full summary
Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit by the First Trust & Savings Bank and another, trustees, against the Bitter Root Valley Irrigation Company and Flans B. Knudsen and another. From an order sustaining plaintiffs’ motion to strike a defense (237 Fed. 733), the last-named defendants appeal. The appellees, who were the complainants below, on April 8, 1916, instituted a suit to foreclose a trust deed given by the Bitter Root Valley Irrigation Company upon its property, both then held and subsequently to be acquired, to…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The central question presented by this appeal is whether, by the rules of law relating to conflicting jurisdiction of courts or by reason of the comity existing between the federal and state courts, the District Court of the United States ought to entertain and maintain jurisdiction through its receiver of the res, which is the property subject to the trust deed of complainants.
[ 1 ] Where the controversy is the same in actions pending in courts of concurrent jurisdiction, and the parties are the same, the general rule, supported by the weight of authority,…
2Cases cited8 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Palmer v. TexasSupreme Court of the United States · 1909
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ingram v. JonesCourt of Appeals for the Tenth Circuit · 1931
- Havner v. HegnesCourt of Appeals for the Eighth Circuit · 1920
- First Trust & Savings Bank v. Bitter Root Valley Irr. Co.District Court, D. Montana · 1918
- Amusement Syndicate Co. v. El Paso Land Improvement Co.District Court, W.D. Texas · 1918
- State Ex Rel. Wear v. Cincinnati & Lake Erie Rd.Ohio Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.