Joseph McKenna

“ Justice Bradley, speaking for the court, after distinguishing between stockholders and ordinary debtors of the national bank, which was the ground of decision in Kennedy v. Gibson, 8 Wall. 506, 19 L. ed. 479, said: 'The language of the statute authorizing the appointment of a receiver to act under the direction of the Comptroller means no more than that the receiver shall be subject to the direction of the Comptroller. It does not mean that he shall do no act without special instructions. His very appointment makes it his duty to collect the assets and debts of the association. ”

“ The civil district court of the parish of Orleans is a court competent to grant the order. It did so.'
The other point now made, to wit, that the state courts had no jurisdiction of the petition of the receiver because under paragraphs 3, 10, and 11 of § 629, and the proviso of § 4 of the act of Congress adopted August 13, 1888, the courts of the United States had exclusive jurisdiction, was not made in the trial court nor in the supreme court at the original hearing. ”