Legal Opinion

California National Bank v. Stateler

Supreme Court of the United States

Decided October 17, 1898No. 37PublishedCited by 23 opinions

ERROR TO THE SUPREME COURT OE THE STATE OE CALIFORNIA. This was an intervening petition by Stateler in the case just decided, of the California National Bank v. Thomas (ante, 441), to obtain the possession of the sum of $27,500 paid to the plaintiff Chetwood by the defendants Thompson and Wilson in the settlement of the suit of Chetwood against them as co-defendants with Thomas.

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ERROR TO THE SUPREME COURT OE THE STATE OE CALIFORNIA. This was an intervening petition by Stateler in the case just decided, of the California National Bank v. Thomas (ante, 441), to obtain the possession of the sum of $27,500 paid to the plaintiff Chetwood by the defendants Thompson and Wilson in the settlement of the suit of Chetwood against them as co-defendants with Thomas. Pending the insolvency and winding-up proceedings of the California National Bank, and subsequent to the appointment of a receiver by the Comptroller of the Currency, the. petitioner Stateler was elected “ agent ” by…

1Opinion of the CourtJustice Brown

Motion is made to dismiss this writ of error upon the ground that no Federal question is involved in the case.

Without, hoAvever, expressing an opinion upon this, Ave think the case will have to be dismissed upon the ground that the order appealed from is not a final order within the decisions of this court. The affidavit of Stateler, which is the basis of this proceeding, sets forth not only the payment of $27,500 in cash by Thompson and Wilson, but avers upon information and belief that there Avas also transferred to the plaintiff, by said defendants, a large block 'of stock belonging to…

2Cases cited7 opinions

  1. McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
  2. Keystone Manganese & Iron Co. v. MartinSupreme Court of the United States · 1889
  3. Beebe v. RussellSupreme Court of the United States · 1857
  4. Lodge v. TwellSupreme Court of the United States · 1890
  5. Craighead v. WilsonSupreme Court of the United States · 1856

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3Cited by23 opinions

  1. Radio Station Wow, Inc. v. JohnsonSupreme Court of the United States · 1945
  2. Gunder v. GunderCalifornia Supreme Court · 1929
  3. Middleton v. FinneyCalifornia Supreme Court · 1931
  4. People of the Territory of Guam v. William E. KingsburyCourt of Appeals for the Ninth Circuit · 1981
  5. Pomper v. Superior CourtCalifornia Supreme Court · 1923

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