Melville Fuller,
Texas Railway Company v. Cox — Opinion of the Court
“ As jurisdiction without leave is maintainable through the act of congress, and as the receivers became such by reason of, and derived their authority from, and operated the road in obedience to, the orders of the circuit court in the exercise of its judicial powers, we hold that jurisdiction existed because the suit was one arising under the constitution and laws of the United States ”
Melville Fuller,
Texas Railway Company v. Cox — Opinion of the Court
“ The bill of exceptions does not purport to contain all the evidence, and it would be improper to hold that the court should have directed a verdict for defendants for want of that which may have existed. ”
Melville Fuller,
Texas Railway Company v. Cox — Opinion of the Court
“ Lochridge, supra, was an action brought in a state court July 13, 1887, against the receiver of a railway, to recover for the death of certain persons, alleged to have been caused by his negligence in the operation of the road, on January 15, 1887. No leave to sue had been granted by the court of the appointment of the receiver, but we held that section 3 applied, and there was no foundation for the position that the receiver was not liable to suit without such permission. ”
