Barley v. Gittings
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the receiver of a foreign corporation appointed in the State where the corporation was incorporated, from an order of the Supreme Court of the District of Columbia, dismissing his petition filed in a suit in equity in this District, in which receivers of the corporation had been appointed here.
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Hearing on an appeal by the receiver of a foreign corporation appointed in the State where the corporation was incorporated, from an order of the Supreme Court of the District of Columbia, dismissing his petition filed in a suit in equity in this District, in which receivers of the corporation had been appointed here. By his petition the petitioner asked the court to compel the local receivers to deliver to him the assets collected by them, in order that the affairs of the corporation might be administered in the State where it was incorporated. The Court in its opinion stated the case as…
1Opinion of the CourtJustice Shepard
1. The first contention in support of the decree dismissing the petition of the Virginia receiver is, that the decree of the Circuit Court of Virginia is void, because it was made without service of process upon an authorized agent or attorney of the corporation. This objection comes not from the corporation, but from the receivers appointed in the District of Columbia. Assuming that the question may be raised by them, however, and also that the allegations of their answer are so specific and certain as to warrant the conclusion that there had been no service of process upon any officer,…
2Cases cited9 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Relfe v. RundleSupreme Court of the United States · 1881
- Day v. Postal Telegraph Co.Court of Appeals of Maryland · 1887
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Buswell v. Supreme Sitting of the Order of the Iron HallMassachusetts Supreme Judicial Court · 1894
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3Cited by1 opinion
- Collins v. McDonaldCourt of Appeals for the D.C. Circuit · 1938