United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mitchell v. Maurer, 293 U.S. 237 (1934)

Mitchell v. Maurer

No. 54

Argued November 7, 8, 1934

Decided December 3, 1934

293 U.S. 237

Syllabus

1. Where receivers of a corporation, appointed by a state court, file a suit against it in the federal court in another State in which they seek an ancillary receivership and are the only actors, there is no federal jurisdiction on the ground of diversity of citizenship if one of them and the corporation are citizens of the same State, and, in this regard, it is immaterial that the bill, in its caption, names as

Page 293 U. S. 238

sole plaintiff the plaintiff in the original suit, and that diversity of citizenship existed between him and the corporation. P. 293 U. S. 242.

2. A suit by primary receiver, appointed by a state court, for an ancillary receivership in a federal court, is an original, independent bill, which cannot be entertained by the federal court in the absence of diversity of citizenship or other independent ground of federal jurisdiction. P. 293 U. S. 243.

3. Lack of federal jurisdiction cannot be waived or overcome by agreement of the parties. P. 293 U. S. 244.

69 F.2d 233 reversed.

Certiorari to review an interlocutory decree sustaining an order appointing ancillary receivers.