Fairview Fluor Spar & Lead Co. v. Ulrich
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Illinois. Suit in equity by John O. Ulrich and Harry P. Joslyn, receivers of the International Finance & Development Company, against the Fairview Fluor Spar & Dead Company, and the Fairview Transportation Company. Defendants appeal from an order appointing receivers and granting an injunction.
Read the full summary
Appeal from the Circuit Court of the United States for the Eastern District of Illinois. Suit in equity by John O. Ulrich and Harry P. Joslyn, receivers of the International Finance & Development Company, against the Fairview Fluor Spar & Dead Company, and the Fairview Transportation Company. Defendants appeal from an order appointing receivers and granting an injunction. The facts, so far as deemed necessary on this hearing, are as follows, viz.: On August 17, 1908, Deter J. Reiser, a citizen of the state of Pennsylvania, filed his verified ex parte bill in the Eastern district of Illinois…
1Opinion of the CourtKohesaat, Circuit Judge
(after stating the facts as above). Appellants challenge the legal right of appellee to appear for the Development Company in the institution of these proceedings. Apparently with a view to avoiding jurisdictional difficulties, the alleged receivers amended the bill filed by them as receivers by making their insolvent corporation complainant in their stead and thenceforth sought to direct it in their names as its receivers. Nothing was gained by this attempt. The Supreme Court has expressly disposed of that question in no uncertain language:
“Nor do we think the .-jurisdiction is established.”…
2Cases cited7 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Hale v. AllinsonSupreme Court of the United States · 1903
- Great Western Mining & Manufacturing Co. v. HarrisSupreme Court of the United States · 1905
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.U.S. Circuit Court for the District of West Virginia · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. HansfordCourt of Appeals of Kentucky · 1917
- McCandless v. FurlaudCourt of Appeals for the Second Circuit · 1934