Johnson v. Southern Building & Loan Ass'n
U.S. Circuit Court for the District of Western Arkansas
On Motion by Clerk for Taxation of- Costs. The Southern Building & Loan Association is a corporation organized under the -laws of Tennessee. It became insolvent, and D. A. Carpenter was appointed a receiver by the state court at Knoxville, Tenn. Subsequently an ancillary receiver was appointed in the Eastern district of Arkansas, and still later the same receiver (Bowman) was appointed ancillary receiver in this court.
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On Motion by Clerk for Taxation of- Costs. The Southern Building & Loan Association is a corporation organized under the -laws of Tennessee. It became insolvent, and D. A. Carpenter was appointed a receiver by the state court at Knoxville, Tenn. Subsequently an ancillary receiver was appointed in the Eastern district of Arkansas, and still later the same receiver (Bowman) was appointed ancillary receiver in this court. He has collected as such receiver a large sum of money (more than $20,-000), and this money, less the expenses of the. receivership, was paid over, under the order of this…
1Opinion of the CourtRogers, District Judge
(after stating the facts as above). The simple question is whether the clerk is entitled, under section 828 of the Revised Statutes of the United States, to 1 per cent, upon the *923moneys which came into the hands of the receiver, and which, under the order of the court, was by him paid over to D. A. Carpenter, receiver of the building and loan association at Knoxville, Tenn. The language of section 828 is, “Por receiving, keeping and paying out money in pursuance of any statute or order of court one per centum of the amount so received, kept and paid.” There are two lines of authority…
2Cases cited7 opinions
- Ex parte PlittU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
- In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Thomas v. Chicago & C. S. Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
- Easton v. Houston & T. C. Ry. Co.U.S. Circuit Court for the District of Eastern Texas · 1891
- Farmers' Loan & Trust Co. v. DartCourt of Appeals for the Fifth Circuit · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
- United States v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1922
- S. Morgan Smith Co. v. Rockingham Power Co.U.S. Circuit Court for the District of Western North Carolina · 1909
- Curtice v. Crawford County BankU.S. Circuit Court for the District of Western Arkansas · 1903