Legal Opinion

Williamson v. American Bank

Court of Appeals for the Fourth Circuit

Decided May 8, 1902No. 431PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the District ■of South Carolina, at Greenville. On December 11, 1897, pursuant to resolutions and orders of its stockholders, the National Bank of Asheville, a body corporate, organized and ■established under and by virtue of the statutes of the United States known as the “National Banking Act,” by and through its proper officers, executed to W. B. Williamson a general deed of assignment assigning, transferring, and…

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Appeal from the Circuit Court of the United States for the District ■of South Carolina, at Greenville. On December 11, 1897, pursuant to resolutions and orders of its stockholders, the National Bank of Asheville, a body corporate, organized and ■established under and by virtue of the statutes of the United States known as the “National Banking Act,” by and through its proper officers, executed to W. B. Williamson a general deed of assignment assigning, transferring, and conveying to the said W. B. Williamson all its property, estate, notes, accounts, claims, evidences of debt, and all demands…

1Opinion of the CourtKeller, District Judge

The demurrers from the decree sustaining which the plaintiffs appealed were interposed upon the following grounds: That the circuit court of the district in which the bank was located or established alone had jurisdiction of a bill by a creditor of a national bank in voluntary liquidation to- ascertain and enforce the statutory liability of the shareholders of such bank to the creditors thereof; that in such a suit the other shareholders of the bank are necessary parties, and were not made such; and that there was a misjoinder of parties plaintiff, as there was no interest in common between…

2Cases cited5 opinions

  1. Richmond v. IronsSupreme Court of the United States · 1887
  2. Kennedy v. GibsonSupreme Court of the United States · 1869
  3. Casey v. GalliSupreme Court of the United States · 1877
  4. Pollard v. BaileySupreme Court of the United States · 1874
  5. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887

3Cited by8 opinions

  1. King v. PomeroyCourt of Appeals for the Eighth Circuit · 1903
  2. Shriver v. Woodbine Savings BankSupreme Court of the United States · 1932
  3. George v. WallaceCourt of Appeals for the Eighth Circuit · 1904
  4. Clark v. DavidsonSuperior Court of Pennsylvania · 1924
  5. Hall v. BallardCourt of Appeals for the Fourth Circuit · 1937

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