United States Supreme Court Cases & Opinions

U.S. Supreme Court

Oklahoma v. Texas, 265 U.S. 490 (1924)

Oklahoma v. Texas

No. 15, Original

Rule to show cause issued May 5, 1924

Response to rule filed May 26, 1924

Decided June 9, 1924

265 U.S. 490

Syllabus

1. A claim for reimbursement from funds held by the receiver appointed by this Court, not based on legal right but allowable under an order of this Court, in the discretion of the receiver, cannot be enforced against him by an action in a state court, and such action may be enjoined by this Court consistently with Jud.Code, § 265. P. 265 U. S. 491.

2. Section 66 of the Judicial Code, providing that every receiver of property appointed by a federal court may be sued, without leave of the court, "in respect of any act or transaction of his in carrying on the business connected with such property," does not apply to a suit based on acts occurring before the receivership for the cost of which he has been given discretionary authority by the court to make reimbursement. P. 265 U. S. 492.

Injunction granted.

Page 265 U. S. 491

Upon return of an order heretofore issued to the respondents Duhon and Kebideaux (ante, p. 265 U. S. 76) to show cause why they should not be enjoined from maintaining an action in a state court against the receiver in this cause.