KILLIAN, ADMINISTRATOR,
v.
CLARK

U.S. | 1884-05-05
111 U.S. 784 Supreme Court of the United States (1884) Caution
Also reported at: 28 L. Ed. 599 · 4 S. Ct. 700 · 1884 U.S. LEXIS 1838 · SCDB 1883-274
Cited by 81 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

This appeal is dismissed. The decree appealed from.was entered on the 20th of May, 1878, ahd. an appeal afiowed these appellants in open court on the-22d of May; No bond for thé appeal was given until the 7th of October,, 1881, the day on which the cause was for the first time-docketed here. The appeal of May 22d, 18.78, became inoperative by reason of the failure to give the necessary bond and docket the case here during, the October term, 1878, Grigsby v. Purcell, 99 U. S. 505, and the acceptance of the bond in October, 1881, cannot have the effect of an allowance of a new appeal, because it was more than two years after the decree had been entered.

:Dismissed.-

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Cited By (43 total)

  • Fed. Deposit Ins. Corp. v. Brodie, 602 So. 2d 1358 (Fla. 3d DCA 1992)
    …nterest on the counterclaims is inappropriate. No creditor may obtain a greater proportionate recovery than other creditors who do not collect interest once a bank is insolvent. Citizens State Bank of Lometa; see United States ex rel. White v. Knox, 111 U.S. 784, 4 S.Ct. 686, 28 L.Ed. 603 (1884). Thus, on remand, the trial court shall neither permit an offset, nor award interest. For these reasons, we reverse the final judgment, with the exception of FDIC’s recovery on the note, and remand for further proc…
  • Amos v. Powell, 108 Fla. 139 (Fla. 1933)
    …favor of a creditor, or other claimant, it is conclusively established as a claim against the bank, and must be treated accordingly by the Comptroller, when the adjudication made is in a suit by which the Comptroller is legally bound. White v. Knox, 111 U. S. 784, 4 Sup. Ct. Rep. 686, 28 L. Ed. 603. It must be presumed that the .Comptroller will follow the applicable rules of law in the case at bar and that he will pay the claim adjudicated and redeem the asset upon which a lien has been declared. If the C…
  • Fed. Deposit Ins. Corp. for First Am. Bank & Tr. v. Levine, 680 So. 2d 536 (Fla. 4th DCA 1996)
    …dgment interest. It is this determination that is the subject of the instant appeal. Generally, regarding unsecured claims, a failed bank’s funds are distributed pro rata as of the date of the bank’s insolvency. United States ex rel. White v. Knox, 111 U.S. 784, 4 S.Ct. 686, 28 L.Ed. 603 (1884). The obvious reason behind the above rule is to ensure that each creditor receives an equitable portion of the bank’s assets. Thus, unless a receivership has sufficient funds to pay all unsecured claims in full or u…

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