David Josiah Brewer

“ The mere fact that, in the progress of an attachment or other like action, an exigency may arise which calls for the appointment of a receiver, does not make the jurisdiction of the court, in that respect, relate back to the commencement of the action. ”

“ It is a matter of everyday occurrence for a receiver to take legal proceedings, under the direction of the court appointing him, to acquire possession of property or for the collection of debts due to the estate of which he is receiver.
With reference to the contention that all of the parties plaintiffs in the suit in the state court have come into the federal court, so that in fact the receiver appointed by the state court no longer represents any one,-'stat nominis umbra,'-it is sufficient to say that it is not borne out by the record. ”

“ No decision of the supreme court of the state has been called to our attention bearing upon this question, or construing 'judges' to mean only 'circuit court judges.' At any rate, the validity of his action was recognized by the chancellor, who treated his fiat as one made by proper authority; and as the chancery court had unquestioned jurisdiction over all proceedings in equity, including bills for receivers, we must assume that Judge Sneed's order was valid, and the appointment of a temporary receiver by him authorized by the laws and practice of the state. ”