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EX PARTE CHICAGO, R.I. & PACIFIC RY. CO., 255 U. S. 273 (1921)

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U.S. Supreme Court

Ex Parte Chicago, R.I. & Pacific Ry. Co., 255 U.S. 273 (1921)

Ex Parte Chicago, Rock Island & Pacific Railway Company

No. 24, Original

Argued December 13, 1920

Decided February 28, 1921

255 U.S. 273


1. A writ of prohibition or of mandamus to restrain a lower court from assuming jurisdiction will ordinarily be denied if the lower court's jurisdiction is doubtful or depends upon findings of fact made upon evidence not in the record, or if the complaining party has another adequate remedy by appeal or otherwise. Pp. 255 U. S. 275, 255 U. S. 280.

2. The immunity of a person from suit in a district whereof he is not an inhabitant (Jud.Code § 51) can be waived, and ordinarily is waived by a general appearance. P. 255 U. S. 279.

3. In a creditor's suit resulting in a receivership of a railroad company and in a reference to ascertain claims, bonds of the company were actively asserted by the bondholders' committee and the mortgage trustee, and counsel for present petitioner, a large holder of the bonds, appeared in its behalf before the special master as one of the counsel for the committee. Held: (1) that the district court had chanroblesvirtualawlibrary

Page 255 U. S. 274

jurisdiction to determine in the first instance whether petitioner had appeared generally, and that it also had jurisdiction to determine (2) whether a cross-bill subsequently filed by the defendant railroad company, seeking to avoid the bonds for petitioner's alleged fraud in procuring their issuance and to hold petitioner liable on account of interest paid and bonds negotiated to bona fide holders, was germane to the earlier proceedings on behalf of the bonds, and (3) whether, in view of such earlier proceedings and general appearance, petitioner was subject to such further proceedings by cross-bill a fully as in the earlier action had been taken in its name a well as on its behalf. P. 255 U. S. 279.

Rule discharged and petition dismissed.

The case is stated in the opinion.

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