Ex Parte Tiffany - 252 U.S. 32 (1920)


U.S. Supreme Court

Ex Parte Tiffany, 252 U.S. 32 (1920)

Ex Parte Tiffany

No. 26, Original

Argued January 19, 1920

Decided March 1, 1920

252 U.S. 32

Syllabus

Where the district court, in a case depending on diverse citizenship, having appointed a receiver to take charge of and disburse and distribute the assets of an insolvent state corporation, permitted a receiver later appointed for the same corporation by a court of the state to intervene and, after full hearing, denied his application to vacate the federal receivership and to have the assets turned over to him upon the ground that the proceedings in the state court had deprived the district court of jurisdiction, held that the order of the district court denying the application was a final decision, within the meaning of Jud.Code, § 128, appealable to the circuit court of appeals. P. 252 U. S. 36.

The words "final decision" in that section mean the same thing as "final judgments and decrees" used in former acts regulating appellate jurisdiction. Id.

When there is a right to a writ of error or appeal, resort may not be had to mandamus or prohibition. P. 37.Rule discharged.

The case is stated in the opinion.

Page 252 U. S. 34



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