Legal Opinion

Kline v. Arizona Mut. Savings & Loan Ass'n

Court of Appeals for the Ninth Circuit

Decided August 7, 1916No. 2692PublishedCited by 1 opinion

Appeal from the District Court of the United States for the District of Arizona; Wm. H. Sawtelle, Judge. Suit in equity by Arthur A. Kline against the Arizona Mutual Savings & Loan Association, the Arizona Trust Company, and Sims Ely, receiver of such corporations. Decree for defendants, and complainant appeals.

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Appeal from the District Court of the United States for the District of Arizona; Wm. H. Sawtelle, Judge. Suit in equity by Arthur A. Kline against the Arizona Mutual Savings & Loan Association, the Arizona Trust Company, and Sims Ely, receiver of such corporations. Decree for defendants, and complainant appeals. The bill in this case, after alleging the jurisdictional facts and the organization under the laws of the state of Arizona of the defendant corporations, alleges, among other things, that on the 2d day of March, 1912, the Arizona Trust Company, hereinafter called the Trust Company,…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). The suit of Clark referred to in the statement has been twice before this court—the first time on the petition of a judgment creditor of the Trust Company to intervene, upon the alleged ground that the modification of the decree of February 27, 1913, made by that of March 12, 1914, was a nullity, and operated to the prejudice of the petitioner (appellant in this court) “because the latter had by its judgment acquired a vested property right in the surplus remaining in the possession of the Trust Company after the execution of the decree of February 27,…

2Cases cited6 opinions

  1. Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
  2. Smith v. Township of Au GresCourt of Appeals for the Sixth Circuit · 1906
  3. Farmers' & Merchants' Bank of Phœnix v. Arizona Mut. Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1915
  4. Erie R. v. DialCourt of Appeals for the Sixth Circuit · 1905
  5. Standard Savings & Loan Ass'n v. AldrichCourt of Appeals for the Sixth Circuit · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Wyman v. McKEEVER, REC'RCourt of Appeals of Maryland · 1965

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