Summary

Portrait of Melville Fuller Melville Fuller In re McKenzie — Opinion of the Court

The distinction between a total want of power and a defective exercise of it is obvious, and want of power cannot be predicated of mere errors, if such were committed here, which we do not intimate.
We hold that the circuit court of appeals had jurisdiction in the premises, and was clothed with the power to pass on all questions in respect of the means taken to enforce and maintain it. We are not called on to revise its conclusions on this application. It is enough that, in our judgment, it has not exceeded its powers.
Source: Wikisource

Portrait of Melville Fuller Melville Fuller In re McKenzie — Opinion of the Court

The authorities are many that where the appointment of a receiver is superseded, it may become his duty to restore that which has come to his hands to the parties from whom it has been withdrawn, and that this may be directed to be done. It is at all events evident that an order that he should do so is not void in itself. We cannot on this application review the judgment of the circuit court of appeals sustaining such an order and approving of the writs as issued.
Source: Wikisource

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