Cadle v. Baker

Supreme Court

Cadle v. Baker

87 U.S. 650, 22 L. Ed. 448, 20 Wall. 650, 1874 U.S. LEXIS 1454

CourtSupreme Court of the United States

DecidedJanuary 11, 1875

Docket13

StatusPublished

Cited by21 cases

This text of 87 U.S. 650 (Cadle v. Baker) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cadle v. Baker, 87 U.S. 650, 22 L. Ed. 448, 20 Wall. 650, 1874 U.S. LEXIS 1454 (1875).

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Opinion

The CHIEF JUSTICE

delivered the opinion of the court.

We think such averments as the defendant alleges to be necessary and the want of which he has assigned for cause of demurrer, were not necessary. The debtors of a bank, when sued by a receiver, cannot inquire into the legality of his appointment. It is sufficient for the purposes of such a suit that he has been appointed and is receiver in fact.' As to debtors, the action of «the - comptroller in making the appointment is conclusive until set aside on the application of the bank. The bank may move in that behalf, but the debtor cannot. Section fifty makes express provision for a contest by the bank.

The court below erred in sustáining the demurrer, and for that reason the judgment is reversed and the cause remanded with instructions to overrule .the demurrer to the declaration and

Proceed accordingly.

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The CHIEF JUSTICE

delivered the opinion of the court.

We think such averments as the defendant alleges to be necessary and the want of which he has assigned for cause of demurrer, were not necessary. The debtors of a bank, when sued by a receiver, cannot inquire into the legality of his appointment. It is sufficient for the purposes of such a suit that he has been appointed and is receiver in fact.' As to debtors, the action of «the - comptroller in making the appointment is conclusive until set aside on the application of the bank. The bank may move in that behalf, but the debtor cannot. Section fifty makes express provision for a contest by the bank.

The court below erred in sustáining the demurrer, and for that reason the judgment is reversed and the cause remanded with instructions to overrule .the demurrer to the declaration and

Proceed accordingly.

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Bluebook (online)

87 U.S. 650, 22 L. Ed. 448, 20 Wall. 650, 1874 U.S. LEXIS 1454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadle-v-baker-scotus-1875.

Opinion

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