Southern Bank & Trust Co. v. Folsom
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. Bill by the Southern Bank & Trust Company against the ¡East Tennessee Mining & Improvement Company. Complainant filed an intervening petition, to which H. M. Folsom, surviving partner of Folsom & St. John, was made defendant. From a decree in favor of Folsom the complainant and the obligors in a certain indemnity bond appeal.
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Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. Bill by the Southern Bank & Trust Company against the ¡East Tennessee Mining & Improvement Company. Complainant filed an intervening petition, to which H. M. Folsom, surviving partner of Folsom & St. John, was made defendant. From a decree in favor of Folsom the complainant and the obligors in a certain indemnity bond appeal. The case is substantially this: Folsom & St. John, a firm of lawyers, claiming to be creditors of the Magnatite Iron Company, filed an attachment bill in…
1Opinion of the CourtLurton, Circuit Judge
1. The effect of the levy of the attachment issuing from the state chancery court, and the return of the writ into court, under the Tennessee statutes and decisions, was to place the attached laud within the control and possession of the state court. It was an actual seizure of the res, and thereby passed into the exclusive possession of the court', as fully as if a receiver had been appointed. Cooper v. Reynolds, 30 Wall. 308, 317. However defective the proceeding under which the attachment issued, it would not follow that the state court was without jurisdiction. The object of the bill was…
2Cases cited8 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
- Shields v. ColemanSupreme Court of the United States · 1895
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Phelps v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the Sixth Circuit · 1901
11 more not listed; retrieve them via the Exa API.