Highland Avenue & Belt Railroad v. Columbian Equipment Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEARS FOE THE FIFTH CIRCUIT. The facts in this case are as follows: On April 5,1897, upon a bill duly filed by the Columbian Equipment Company, an interlocutory order was entered in the. Circuit Court of the United States for the Northern District of Alabama, appointing Philip Campbell receiver of the property of the Highland Avenue and Belt Railroad Company.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEARS FOE THE FIFTH CIRCUIT. The facts in this case are as follows: On April 5,1897, upon a bill duly filed by the Columbian Equipment Company, an interlocutory order was entered in the. Circuit Court of the United States for the Northern District of Alabama, appointing Philip Campbell receiver of the property of the Highland Avenue and Belt Railroad Company. Such order, besides the mere matter of appointment and a description of the property, contained the following provisions: “ The'said receiver is hereby authorized and directed to take immediate…
1Opinion of the CourtJustice BbeweR
Is an interlocutory order appointing á receiver appealable from the Circuit Court to the Circuit Court of Appeals ? And if such an order, standing alone, be not appealable, does it become so by the incorporation into it of a direction to the defendant, its officers, directors, agents and employés, to turn over and deliver to the receiver the property in their hands ? These questions must be determined by a consideration of section 7 of the act- of March 3, 1891, c. 826, creating Circuit Courts of Appeal, 26 Stat. 517, as amended February 18,1895, c. 96, 28 Stat. 666. The section provides —
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2Cases cited1 opinion
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
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- Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
- ALEXANDER McKENZIESupreme Court of the United States · 1901
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