Legal Opinion

Smith v. Jones Lumber & Mercantile Co.

District Court, W.D. Wisconsin

Decided December 4, 1912No. 64aPublishedCited by 11 opinions

In Equity. Suit by the State Bank of Chicago against the La Crosse Water Power Company to foreclose certain mortgages, in which Clement C. Smith was appointed .receiver. Cross-bill by the receiver against the Jones Lumber & Mercantile Company, the City of Black River Falls, and others to restrain the prosecution of tort actions in the state court, and to compel proof of the tort claims as claims against the funds arising in the foreclosure proceedings.

1Opinion of the Court

SANBORN, District Judge.

Cross-bill filed by leave of court in the foreclosure suit in this court of State Bank of Chicago v. La Crosse Water Power Company to foreclose certain mortgages, begun August 10, 1911, in which Mr. Smith was appointed receiver August 10, 1911. A decree of foreclosure and sale was entered August 17, 1912, and sale theremider October 11, 1912, which has been conditionally confirmed. This cross-bill grows out of claims against the receiver by reason of the breaking of two dams in his possession as receiver, known as the Dells dam and the Hatfield dam, October 6, 1911, by…

2Cases cited23 opinions

  1. Barton v. BarbourSupreme Court of the United States · 1881
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  4. Booth v. ClarkSupreme Court of the United States · 1855
  5. Porter v. SabinSupreme Court of the United States · 1893

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

3Cited by11 opinions

  1. Norman v. Trison Development Corp.Supreme Court of Oklahoma · 1992
  2. In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
  3. Stuart Ex Rel. Stuart v. DickinsonSupreme Court of Missouri · 1921
  4. Sakuma v. Zellerbach Paper Co.California Court of Appeal · 1938
  5. McGreavey v. StrawSupreme Court of New Hampshire · 1939

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

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