Meier v. Kansas Pac. Ry. Co.
U.S. Circuit Court for the District of Kansas
Motion [by Adolphus Meier] to remove H. Villard, one of the receivers heretofore appointed by the state court, from whence this cause was removed. Mr. Carlos S. Greeley was the other receiver. The circumstances under which they were appointed, the grounds upon which the removal was sought, and the action of the court and the reasons for such action, appear in the opinions of the judges.
1Opinion of the Court
MILLER, Circuit Justice.
I think the action of Mr. Greeley, in the paper which he sent to the court, relieves the court of the only serious embarrassment which the case presented, namely, the difficulty of removing one of two receivers who had become hostile to each other in their feelings and actions in relation to their duties, thereby leaving the other in sole possession of the field. As no motion was made to remove Mr. Greeley, and as, therefore, no charges against him were properly before us, it would .hardly have been just to him for the court to remove him sua sponte. Nor do I think,…
2Cited by1 opinion
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902