Legal Opinion

Mack v. Winslow

Court of Appeals for the Sixth Circuit

Decided December 9, 1893No. 108PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the District of Kentucky. Bill of interpleader by Elias Block and others against A. W. Darling, Eliza J. Darling, his wife, H. M. Winslow, a‘s trustee for said Eliza J. Darling' and as an individual, and others, among them Leopold J. Mack.

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In Error to the Circuit Court of the United States for the District of Kentucky. Bill of interpleader by Elias Block and others against A. W. Darling, Eliza J. Darling, his wife, H. M. Winslow, a‘s trustee for said Eliza J. Darling' and as an individual, and others, among them Leopold J. Mack. The fund in controversy was paid into court, and separate answers, making claims (hereto, were filed by defendants Mack and Winslow’, and a demurrer to the latter answer was filed by defendant Mack. The demurrer was overruled, and tlie claim of Mack was disallowed and judgment rendered for Winslow.…

1Opinion of the CourtRicks, District Judge

Upon the foregoing statement of facts, the only question of law presented for our consideration is as to the effect or operation of the proceedings by attachment in the superior court of Cincinnati. Those proceedings were instituted after the commencement of the suit against Block & Sons in the circuit court of the United States for the district of Kentucky. The jurisdiction of the latter court, and the right of the plaintiff to prosecute that suit in that court, having attached, that right could not be arrested or taken away by proceedings in another court.

But it is contended that it was not…

2Cited by6 opinions

  1. City Nat. Bank of Lawton, Okl. v. Lummus Cotton Gin Sales Co.Court of Appeals of Texas · 1927
  2. Sharar v. PolliaCourt of Appeals for the Tenth Circuit · 1951
  3. Lowenstein v. LevyCourt of Appeals for the Sixth Circuit · 1914
  4. Lincoln Mine Operating Co. v. Huron Holding Corp.Court of Appeals for the Ninth Circuit · 1940
  5. Menees v. MatthewsDistrict Court, M.D. Tennessee · 1912

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