Melville Fuller

“ Under a general order, to which he refers, but which is not given in the record, Hornsby filed a petition of intervention in that suit, seeking damages for injuries inflicted through the negligence of the receivers in the operation of the road. To this petition the defendants interposed a demurrer upon the ground that the petition did not state facts sufficient to constitute a cause of action, which was sustained, and the petition dismissed, whereupon the case was carried to the circuit court of appeals for the Eighth circuit, the judgment reversed, and the case remanded. ”

“ In Railroad Co. v. Cox the objection was raised that neither of the defendants was an inhabitant of the district in which the suit was brought, and it was remarked that, if the suit was regarded as merely ancillary to the receivership, the objection was without force ”