MATHEWS
v.
MCSTEA

U.S. | 1874-10-01
20 Wall. 646 Supreme Court of the United States (1874) Positive Treatment
Also reported at: 22 L. Ed. 448 · 1874 U.S. LEXIS 1453 · SCDB 1874-064
Cited by 3 cases
Opinion of the Court
Mr. Justice MILLER

Mr. Justice MILLER delivered the opinion of the court.

We are of opinion that the only question made and decided in this case against plaintiff in error was the sufficiency of the acts of the President to inaugurate a war which would render invalid this contract, and that this is one of the questions embraced by the act of February 5th, 1867. .

The motion to dismiss is, therefore,

Overruled.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Benson v. Sullivan, 67 F.2d 708 (7th Cir. 1933)
    …ificate of consolidation in question. This cannot be done in a proceeding of this character. Casey v. Galli, [*710] 94 U. S. 673, 24 L. Ed. 168; Bushnell v. Leland, 164 U. S. 684,17 S. Ct. 209, 41 L. Ed. 598; Cadle v. Baker, 20 Wall. (87 U. S.) 650, 22 L. Ed. 448. Nor can a stockholder of a national hank question the legal existence of the corporation in an action by a receiver to recover superadded liability of a stockholder. Casey v. Galli, supra. It cannot be overlooked that appellant' was the owner of 1…
  • Stevens v. Stages, 208 F.2d 332 (4th Cir. 1953)
    …re, which does not appear, it would not be a matter which would subject the appointment to collateral attack in the court of bankruptcy, since the appointing court had jurisdiction of the subject matter and the parties. Cadle v. Baker, 20 Wall. 650, 22 L.Ed. 448; Mutual Reserve Fund Life Ass’n v. Phelps, 190 U.S. 147, 159, 23 S.Ct. 707, 47 L.Ed. 987; Phelps v. Mutual Reserve Fund Life Ass’n, 6 Cir., 112 F. 453, 462-463, 61 L.R.A. 717; Commercial Nat. Bank v. Burch, 141 Ill. 519, 31 N.E. 420, 421, 33 Am.St.R…
  • Ark. La. GAS Co. v. Kroeger, 303 F.2d 129 (5th Cir. 1962)
    …iscretion. The appointment may not be attacked collaterally in a proceeding separate and apart from that in which the appointment is made.” Taylor v. Easton, 8 Cir., 180 F. 363. Cf. Lively v. Picton, 6 Cir., 218 F. 401; Cadle v. Baker, 87 U.S. 650, 22 L.Ed. 448 (1874); Phelps v. Mutual Reserve Fund Life Association, 112 F. 453 (6th Cir. 1901), aff’d 190 U.S. 147, 23 S.Ct. 707, 47 L.Ed. 987; Robins v. Sandford et al., 29 S.W. 2d 969 (Tex.Com.App., 1930). Based on these contentions, appellees insist that th…

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