American Can Co. v. Williams

Second Circuit

American Can Co. v. Williams

153 F. 882, 82 C.C.A. 628, 1907 U.S. App. LEXIS 4473

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 17, 1907

DocketNo. 176

StatusPublished

Cited by2 cases

This text of 153 F. 882 (American Can Co. v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Can Co. v. Williams, 153 F. 882, 82 C.C.A. 628, 1907 U.S. App. LEXIS 4473 (2d Cir. 1907).

Pincite

Opinion

PER CURIAM.

A rehearing was granted at the request of the Comptroller of the Currency. A majority of the court is of the opinion that the order of the Circuit Court does not interfere with the Comptroller’s administration of the affairs of the insolvent bank, except so far as may be necessary to preserve the lights of complainant. Our decision was simply to the effect that, when a party asserts the ownership of property or a specific lien thereon, it is within the discretion of the trial court to retain the property within its juris[883]*883diction until the questions at issue can be determined. To permit the property to be removed from the jurisdiction of the court is, in effect, deciding in limine that the complainant has no cause of action.

The former decision of the court is reaffirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

A rehearing was granted at the request of the Comptroller of the Currency. A majority of the court is of the opinion that the order of the Circuit Court does not interfere with the Comptroller’s administration of the affairs of the insolvent bank, except so far as may be necessary to preserve the lights of complainant. Our decision was simply to the effect that, when a party asserts the ownership of property or a specific lien thereon, it is within the discretion of the trial court to retain the property within its juris[883]*883diction until the questions at issue can be determined. To permit the property to be removed from the jurisdiction of the court is, in effect, deciding in limine that the complainant has no cause of action.

The former decision of the court is reaffirmed.

Cite This Page — Counsel Stack

Bluebook (online)

153 F. 882, 82 C.C.A. 628, 1907 U.S. App. LEXIS 4473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-can-co-v-williams-ca2-1907.

Opinion

Related

Cite This Page — Counsel Stack