Bosworth v. St. Louis Terminal Railroad Assn.

Citations

• 174 U.S. 182
• 19 S. Ct. 625
• 43 L. Ed. 941
• 1899 U.S. LEXIS 1493

Syllabus

<p>A claim was presented against the estate of the Peoria and St. Louis Railway Company in the hands of a receiver, which the receiver disputed. After reference to a master, and his report, stating the facts, an order was entered directing the receiver to pay the claim. He appealed from this decision to the Court of Appeals. . The record on appeal contained the order of reference, the findings of fact, the report of the master, and the exceptions of the receiver. The Court of Appeals directed the appeal to be dismissed. Held, That the proper entry should have been an affirmance of the decree rather than a dismissal.</p> <p>A receiver may defend, both in the court appointing him and by appeal, the estate in his possession against all claims which are antagonistic to the rights of both parties to the suit.</p> <p>He may likewise defend the estate against all claims which are antagonistic to the rights of both parties to the suit, subject to the limitation that he may not in such defence question any order or decree of the court distributing burdens or apportioning rights between the parties to the suit, or any order or decree resting upon the discretion of the court appointing him.</p> <p>He cannot question any subsequent order or decree of the court distributing the estate in his hands between the parties to the suit.</p> <p>He may appeal from an order or decree which affects his personal rights, provided it is not an order resting in the discretion of the court.</p> <p>His right to appeal from an allowance of a claim against the estate does not necessarily fail when the receivership is terminated to the extent of surrendering the property in the possession of the receiver.</p>