Lake Shore & M. S. Ry. Co. v. Felton
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. On the 7th. day of July, 1899, there was pending in the circuit court for the Southern district of Ohio, in the Eastern division thereof, a suit in equity, wherein the Metropolitan Trust Company was complainant, and the Columbus.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. On the 7th. day of July, 1899, there was pending in the circuit court for the Southern district of Ohio, in the Eastern division thereof, a suit in equity, wherein the Metropolitan Trust Company was complainant, and the Columbus. Sandusky & Hocking Railroad Company was defendant, of which latter company Samuel M. Felton had prior to the above-mentioned date been' appointed receiver, and was at the said date acting as such. On the day above mentioned the said Felton, as receiver, filed…
1Opinion of the Court
SEVERENS, Circuit Judge,
after having stated the case, deliv ered the opinion of the court.
*229In tlie brief and argument for the appellants it is urged that their rights cannot properly be litigaied upon a mere petition filed by the receiver in a suit to which they are not parties, and that they are entitled to the advantage of making their defense in a formal suit upon an independent bill. When the proceeding is taken by a receiver appointed in a suit to which the proposed defendant is a stranger, the question whether it should be by bill or petition is one resting to a certain extent in the…
2Cases cited13 opinions
- In Re TylerSupreme Court of the United States · 1893
- Joy v. St. LouisSupreme Court of the United States · 1891
- Hart v. EyckNew York Court of Chancery · 1816
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Campbell v. MorrisonNew York Court of Chancery · 1838
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3Cited by13 opinions
- Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
- Gerlach-Barklow Co. v. Morris & Bendien, Inc.Court of Appeals for the Second Circuit · 1927
- United Railroads of San Francisco v. Superior Court of San FranciscoCalifornia Supreme Court · 1916
- Chapman v. DeanOregon Supreme Court · 1911
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
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