McNulta v. Lochridge

This was a motion to dismiss a writ of error or affirm the judgment of the court below upon the following state of facts:

In July, 1887, Lochridge, the defendant in error, began two suits in the circuit court of Christian county, Ill., Against McNulta, the plaintiff in error, as receiver of the Wabash, St. Louis & Pacific Railway Company, to recover damages for the death of James and Mary E. Molohon, alleged to have been occasioned by the negligent management of an engine at a public crossing. At the time the cause of action arose Thomas M. Cooley was receiver of the road under an order made by the circuit court of the United States for the southern district of Illinois in a suit to foreclose a mortgage upon the road. Judge Cooley having resigned his receivership, plaintiff in error, John McNulta, was appointed his successor, and was in possession of and operating the road at the time the suits were brought. Demurrers analogous to that of a corporation sole, overruled, and the suits were subsequently consolidated by agreement of parties, tried, and a verdict rendered in favor of the plaintiff for $6,000. This judgment was subsequently affirmed by the appellate court of the third district, (32 Ill. App. 86,) and again by the supreme court of the state, (27 N. E. Rep. 452.) Defendant thereupon sued out this writ, and assigned as error-First, that the supreme court erred in holding that, under the act of congress below cited, the plaintiff was entitled to maintain the action, when it appeared from the record that McNulta was not the receiver when the cause of action accrued; and, second, in holding that under said act McNulta could be sued as receiver with respect to any act or transaction which occurred before his appointment, without previous leave of the court of the United States by which he was appointed. Defendant in error thereupon moved to dismiss upon the ground that no federal question was involved.

G. L. Burnett, for plaintiff in error.

J. W. Patton, for defendant in error.

[Argument of Counsel from pages 328-329 intentionally omitted]

Mr. Justice BROWN, after stating the facts as above, delivered the opinion of the court.