Legal Opinion

Short v. Hepburn

Court of Appeals for the Fifth Circuit

Decided June 15, 1896No. 491PublishedCited by 9 opinions

In Error to the Circuit Court of the United States for the Eastern District of Texas.

1Opinion of the Court

PABDEE, Circnit Judge.

The first assignment of error complains of rulings on a plea to the jurisdiction of the court and on a plea of lis pendens. The suit was instituted by the statutory receiver of the Merchants’ National Bank of Dallas, and the circnit court had jurisdiction to entertain the suit, without reference to the citizenship of the parties. Price v. Abbott, 17 Fed. 506; Stephens v. Bernays, 41 Fed. 401; Gibson v. Peters, 150 U. S. 342, 14 Sup. Ct. 134. The pendency of a suit in a state court is not necessarily a bar to a suit in the United States court between the same parties,…

2Cases cited11 opinions

  1. STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
  2. Gordon v. GilfoilSupreme Court of the United States · 1879
  3. Williams v. HaynesTexas Supreme Court · 1890
  4. Gibson v. PetersSupreme Court of the United States · 1893
  5. Price v. AbbottU.S. Circuit Court for the District of Massachusetts · 1883

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

3Cited by9 opinions

  1. Southern Railway Co. v. RoweCourt of Appeals of Georgia · 1907
  2. Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co.Court of Appeals for the Ninth Circuit · 1901
  3. Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
  4. Lehman v. SpurwayCourt of Appeals for the Fifth Circuit · 1932
  5. Slaughter v. Mallet Land & Cattle Co.Court of Appeals for the Fifth Circuit · 1905

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

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