American Loan & Trust Co. v. East & West R. Co.

40 F. 182, 1889 U.S. App. LEXIS 2464

• Court: U.S. Circuit Court for the Northern District of Georgia
• Decided: October 30, 1889
• Status: Published

Opinion

Pardee, J.

This cause came on to be further heard upon the petition of Charles P. Ball, receiver, in relation to the suit brought by one H. F. Alsabrook against the receiver in the superior court of Polk county in the state of Georgia, and was argued by Mr. Alexander T. Loudon for the receiver and Mr. T. N. Broyles for Alsabrook; .whereupon, the court considering that under the proper construction of section 603 of the Revised Statutes it is only when the office of district judge of the northern district is vacant that the judge of the southern district has authority, under said section, to discharge judicial duties in the northern district, it is ordered and adjudged that the leave granted by the judge of the southern district to said Alsabrook to institute suit against the receiver in this case be, and the same is, declared null, and of no force and effect. It is further ordered in this case that the said receiver may bring bill with suitable averments in the United States circuit court for the southern division of the northern district of the state of Alabama, which court appointed Charles P. Ball receiver, against the said II. F. Alsabrook, setting forth the facts in the case, and praying for injunction to restrain the further prosecution of the suit instituted by the said H. F. Alsabrook in the superior court of Polk county for the state of Georgia, all as authorized by section 3 of the act of congress, approved March 3, .1887, entitled “An act to determine the jurisdiction of the circuit court of the United States, and for other purposes.”