Hubert v. City of New Orleans

Citations

• 130 F. 21
• 64 C.C.A. 389
• 1904 U.S. App. LEXIS 4128

Syllabus

<p>1. Federal Courts — Jurisdiction—Diverse Citizenship — Receivers—Right to Sue — Successors.</p> <p>Where, after a foreign receiver, appointed by a state court, had brought suit in the Circuit Court of the United States sitting in Louisiana against a city of that state, his authority to prosecute the suit was annulled by the Supreme Court of the state, the Circuit Court had no jurisdiction to permit the continuance of such suit by a citizen of Louisiana, appointed as such receiver’s successor after his death.</p> <p>2. Same — Authority to Sue.</p> <p>Where a receiver, appointed by a state court, was authorized to demand and receive any and all sums which may have been or might thereafter be collected or received on account of a certain police board tax for certain years, and thereafter the authority was enlarged so as to include all the assets, claims, and taxes owned and collected by or due to such board prior to 1879, such authority was not sufficient to give the receiver the right to sue to recover such assets’or claims.</p> <p>Tf 1. Diverse citizenship as ground of federal jurisdiction, see notes to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. O. A. 298.</p> <p>12. Suits by and against receivers of federal courts, see note to J. I. Case Plow Works v. Finks, 26 C. C. A. 49.</p>