Ex parte Chicago, Rock Island & Pacific Railway Co.

Citations

• 255 U.S. 273
• 65 L. Ed. 631
• 41 S. Ct. 288
• 1921 U.S. LEXIS 1823

Syllabus

<p>1. A writ of prohibition, or of mandamus, to restrain a lower court from assuming jurisdiction, will ordinarily be denied if the lower court’s jurisdiction is doubtful, or depends upon findings of fact made upon evidence not in the record; or if the complaining party has another adequate remedy by appeal or otherwise. Pp. 275, 280.</p> <p>2. The immunity of a person from suit in a district whereof he is not an inhabitant (Jud. Code, § 51) can be waived; and ordinarily is waived by a general appearance. P. 279.</p> <p>3. In a creditor’s suit resulting in a receivership of a railroad company and in a reference to ascertain claims, bonds of the company were actively asserted by the bondholders’ committee and the mortgage trustee, and counsel for present petitioner, a large holder of the bonds, appeared, in .its behalf before the special master as one of the counsel for the committee. Held: (1) That the District Court had jurisdiction to determine, in the first instance, whether petitioner had. appeared generally; and that it also had jurisdiction to determine (2) whether a cross-bill, subsequently filed by the defendant railroad company, seeking to avoid the bonds for petitioner’s alleged fraud in procuring their issuance and to hold petitioner liable on account of interest paid.and bonds negotiated to bona fide holders,— was germane to the earlier proceedings on behalf of the bonds; and (3) whether in view of such earlier proceedings and general appearance'petitioner was subject to such further proceedings by cross-bill as fully as if the earlier action had been taken in its name as well as on its behalf. P.279.</p>