Hoffman v. McClelland
264 U.S. 552 (1924)

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U.S. Supreme Court

Hoffman v. McClelland, 264 U.S. 552 (1924)

Hoffman v. McClelland

No. 190

Argued January 23, 1924

Decided April 21, 1924

264 U.S. 552

Syllabus

1. A decree of the district court refusing leave to file a bill of intervention upon the theory that there is no basis on which the court, as a federal tribunal, could adjudicate the matter presented by it rests on a jurisdictional ground, and is appealable directly to this Court under Jud.Code § 238. P. 264 U. S. 557.

2. Where, in the progress of a suit in a federal court, property has been drawn into the court's custody and control, third persons claiming interests in or liens on the property may be permitted to come into that court for the purpose of setting up, protecting, and enforcing their claims, although the court could not consider their claims if it had not impounded the property. P. 264 U. S. 558.

3. But this rule does not apply where the court has not impounded the property in question, but has merely adjudicated a controversy concerning it and retained jurisdiction of the suit to insure obedience to its decree. P. 264 U. S. 559.

Affirmed.

Appeal from a decree of the district court refusing leave to file a petition of intervention for want of jurisdiction. The appeal was first taken to the circuit court of appeals, and was transferred to this Court under Jud.Code § 238a. See the opinion of the circuit court of appeals reported in 284 F. 837.

Page 264 U. S. 555

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