Hume v. City of New York
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action at law by Arthur Carter Hume, as receiver, against the City of New York. Judgment for defendant, and plaintiff brings error. The defendant interposed a demurrer to the plaintiff’s complaint, the demurrer was sustained, and the plaintiff appeals. On the 30th day of December, 1910, a bill in equity was filed against the South Shore Traction Company, alleging insolvency.
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In Error to the District Court of the United States for the Eastern District of New York. Action at law by Arthur Carter Hume, as receiver, against the City of New York. Judgment for defendant, and plaintiff brings error. The defendant interposed a demurrer to the plaintiff’s complaint, the demurrer was sustained, and the plaintiff appeals. On the 30th day of December, 1910, a bill in equity was filed against the South Shore Traction Company, alleging insolvency. Thereafter Paul T. Brady and Willard V. King were appointed receivers by the District Court for the Eastern District of New York.…
1Opinion of the CourtManton, Circuit Judge
(after stating the facts as above), [1] The District Judge sustained the demurrer upon the theory that the court was without jurisdiction to pass upon the claims of the receivers against the city (a citizen of the state of New York) for a cause of action based upon a claim of damages for tort, holding also that the filing of a general appearance in the action was not such a waiver as precluded the right to object to such want of jurisdiction. The defendant challenges the right of the plaintiff to be heard in this court, contending that the sole question presented is one of jurisdiction, and…
2Cases cited12 opinions
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Porter v. SabinSupreme Court of the United States · 1893
- Blair v. City of ChicagoSupreme Court of the United States · 1906
- White v. EwingSupreme Court of the United States · 1895
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gas & Electric Securities Co. v. Manhattan & Queens Traction Corp.Court of Appeals for the Second Circuit · 1920
- Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
- St. Louis-San Francisco R. v. ByrnesCourt of Appeals for the Eighth Circuit · 1928
- Alexander v. HillmanCourt of Appeals for the Fourth Circuit · 1935
- Barfield v. Zenith Tire & Rubber Co.District Court, N.D. Ohio · 1924
14 more not listed; retrieve them via the Exa API.