Pope v. Louisville, New Albany & Chicago Railway Co.
Citations
- 173 U.S. 573
- 19 S. Ct. 500
- 43 L. Ed. 814
- 1899 U.S. LEXIS 1461
Syllabus
<p>When the jurisdiction of a Circuit Court of the United States depends on diverse citizenship, its decree is made final by the act of March 3,1891, c. 517,-26 Stat. 826.</p> <p>When an action or suit is commenced by a receiver, appointed by. a Circuit Court, to accomplish the ends sought and directed by the suit in which the appointment was made, such action or suit is regarded as ancillary, • so far as the jurisdiction of the Circuit Court, as a court of the United States, is concerned; and where the jurisdiction of the main suit is predicated on diversity of citizenship, and the. decree therein in the-Circuit Court of Appeals therefore becomes final, the judgment and decrees in the ancillary litigation are also .final.</p> <p>The suits in which this receiver was appointed were in the nature of creditors’ bills, and the only ground of Federal jurisdiction set up in them was 'diversity of citizenship; and.as, if the decrees therein had been passed upon by the Circuit Court of Appeals, its decision would have been final, the same finality attaches to the decree of the Circuit Court of Appeals in this suit.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a court of appointment has ancillary subject matter jurisdiction over a suit brought by a receiver for recovery of receivership property
- “When an action or suit is commenced by a receiver, appointed by a circuit court, to accomplish the ends sought and directed by the suit in which the appointment was made, such action or suit is regarded as ancillary so far as the jurisdiction of the circuit court[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fullee, Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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