US SUPREME COURT DECISIONS

U.S. Supreme Court

Alexander v. Hillman, 296 U.S. 222 (1935)

Alexander v. Hillman*

Nos. 15 and 16

Argued October 17, 18, 1935

Decided December 9, 1935

296 U.S. 222

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

In a suit in the District Court in which receivers were appointed to collect and distribute the assets of a corporation, claims were filed by individuals who as directors and officers had controlled and dominated the corporation's affairs, and by other companies also controlled and used by them. In response to the claims, the receivers filed in the same court an ancillary bill, separately numbered but not praying process, in which they set up counterclaims for the value of assets of the corporation which they averred the individual claimants fraudulently and in violation of their duties as officers and directors had, through complicated transactions, converted to the use of themselves and the two corporate claimants. Upon being served by mail with copies of the ancillary bill and an order directing them to plead to it, the claimants appeared specially and moved to quash upon the ground that they were inhabitants of another State, within the purview of § 51, Jud.Code.

Held:

1. The court had jurisdiction of the subject matter -- the claims and counterclaims. P. 237.