Sims v. United Wireless Telegraph Co.

Citations

• 179 F. 540
• 1910 U.S. App. LEXIS 5423

Syllabus

<p>1. Equity (§ 166*) — Pleading—Double or Separate Pleas.</p> <p>Double or separate pleas are 'never allowed in equity without special leave of court, and then only in exceptional cases where special hardship and inconvenience would otherwise result.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. §§ 393, 400, 404; Dec. Dig. § 166.*]</p> <p>2. Equity (§ 166*) — Pleas—Duplicity.</p> <p>Where, in a suit by a minority stockholder against a corporation and the majority stockholder to restrain the foreclosure of a chattel mortgage and the enforcement of a judgment, and for other relief for fraud, the majority stockholder filed a plea without answer and without leave of court, first attacking complainant’s capacity to sue, and then setting up two different defenses, denying plaintiff’s right to attack the mortgage, the plea was bad for duplicity.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. § 404; Dee. Dig. § 166.*]</p> <p>3. Courts (§ 500*) — Conflicting Jurisdiction — Appointment.of Receiver by State Court.</p> <p>Appointment of a receiver for a corporation by a state court does not prevent a suitor in another forum, who began his suit before such appointment, from prosecuting it to judgment.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 140S; Dec. Dig. § 500.*</p> <p>Conflict of jurisdiction with state courts, see note to 22 C. C. A. 356.]</p> <p>4. Corporations (§ 671*) — Foreign Corporations — Receivers.</p> <p>Appointment of a receiver for a foreign corporation by a state court does not prevent the corporation from exercising its franchise elsewhere, nor from continuing alleged fraudulent practices in matters not pertaining to the property within the state where the receiver is appointed.</p> <p>[Ed. Note. — -For other cases, see Corporations, Cent. Dig. § 2644; Dec. Dig. § 671.*]</p> <p>5. Corporations (§ 671*) — Foreign Corporations — Injunction—Receivers— Stockholders’ Rights.</p> <p>Where a 'receiver was appointed for