Bottom v. National Ry. Building & Loan Ass'n

Citations

• 123 F. 744
• 1901 U.S. App. LEXIS 4667

Syllabus

<p>1. Jurisdiction of Federal Court—Ancillary Suit by Receiver—Nonresidence of Defendants.</p> <p>A Circuit Court of tbe United States, which has appointed a receiver for an insolvent building and loan association in a suit to wind up its affairs, has jurisdiction of a suit brought by him to collect from a borrowing stockholder and to foreclose a mortgage securing the loan, regardless of the citizenship or residence of the defendants, or the fact that the mortgaged property is situated in another district.</p> <p>2. Same—Waiver of Objection—Pleading to Merits.</p> <p>The filing of a demurrer to a bill for want of equity is a waiver of an objection to the jurisdiction of the court based on the nonresidence of the defendant in the district.</p> <p>¶ 1. Supplementary and ancillary proceedings and relief in federal courts, see note to Toledo, St. L. & K. C. R. Co. v. Continental Trust Co., 36 C. C. A. 195.</p> <p>Suits by and against receivers of federal courts, see note to J. I. Case Plow Works v. Finks, 26 C. C. A. .49.</p>