Joseph McKenna

“ The appointment of a receiver to take possession of the property of an insolvent corporation upon the petition of a creditor is certainly 'due process.' This, of course, is not denied; but the invalidity of the order of appointment is asserted because it was made ex parte, and because Watson had not fully qualified. It is hence argued that the appointment was a nullity,-constituted 'no legal obstacle' to the proceedings in the United States circuit court. ”

“ There was a prayer for citation, and that the order appointing Watson receiver be declared, as against petitioner, null and void and of no effect, and the same be ineffectual as a bar to said attachment or sequestration or other proceedings on the part of the petitioner in the circuit court of the United States, and that said Watson and Pope be condemned, as in solido or otherwise, to pay petitioner the sum of $3,863.55, damages caused it by the obstruction of its proceedings in the circuit court, and for general relief. ”

“ The petition alleged the indebtedness of the latter company to petitioner, the action by the latter in the United States circuit court, the attachment of property, the motion of Watson, as hereinbefore stated, and the ruling and order of the court thereon ”