U.S. Court of Appeals for the Second Circuit, 1907

American Can Co. v. Williams

U.S. Court of Appeals for the Second Circuit · Decided February 17, 1907 · Coxe, Lacombe, Townsend

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

Counsel

Edward B. Whitney, for the Comptroller., James McMitchell, for appellee.'

Cases that cite this one

2 later published cases cite this decision.

Patek v. Patek (Mich. 1911)
Way v. Camden Safe Deposit & Trust Co. (District Court, D. New Jersey 1937)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.