Legal Opinion

Hot Springs Independent School Dist. No. 10 v. First Nat. Bank of Hot Springs

District Court, D. South Dakota

Decided March 1, 1894No. 80PublishedCited by 2 opinions

Suit by the Hot Springs Independent School District No. 10, of Fall River County, S. D., against the First National Bank of Hot Springs and Alvin Fox, receiver of said bank.

1Opinion of the Court

SANBORN, Circuit Judge.

This is a motion to remand this suit to the state court on the ground that it is not a. suit “arising under the constitution or law’s of the United States” under the act of March 3,1887, as corrected by the act of August 13, 1888 (25 Slat. 433; Supp. Rev. St. p. (¡12. § 2). This suit is bx-o ught to compel the receiver of this insolvent national bank to first pay to the complainant, out of tbe funds of the bank in Ms hands, several thousand dollars, before be pays any dividend to any creditors, on the ground that this receiver holds this sum of money as a trust fund for…

2Cases cited3 opinions

  1. San Diego County v. California Nat. BankU.S. Circuit Court for the District of Southern California · 1892
  2. Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1890
  3. Sowles v. First Nat. Bank of St. AlbansU.S. Circuit Court for the District of Vermont · 1891

3Cited by2 opinions

  1. Central National Bank v. First National BankNebraska Supreme Court · 1927
  2. Central National Bank v. First National BankNebraska Supreme Court · 1927

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