Page:Federal Reporter, 1st Series, Volume 1.djvu/214

 206 FEDERAL REPORTKB. �rulîng; but as the question is important I am glad that counsel has presented it again, so that it may be reviewed, in case the supreme court is called to pass upôn the matter. �The motion is sustained. �Tbeat, J., coneurred. ���LeYI V. COLUMBIA LiPE InS. Co. {Circuit Court, E, D, Missouri. , 1880.) �jTmiSDicTioN — Execution — Judgment in Federal Cookt — I'hoperty m CuSTODT op State Coubt. — Where, under the "lusurauce Act" of the state of Missouri, proceedinga have beon instituted in the state eottrt against an Insurance company, which finally resuit in the dissolu- tion and administration of the affaira of that company, ail intermediate proceedinga must be finally diaposed of in that tribunal, even though a Talid and subsisting judgment was obtained in the federal court againat the company pending auch administration. �Motion for execution and order on receiver of an insurance company, dissolved under proceedings in a state court, for the payment of a judgment obtained against such insurance company pending said proceedings in the state court. �Given Campbell, for plaintiff. �Pope d McGinness, for defendant. �Teeat, J., (orally.) M. D. Lewis, public adminîstrator, has filed his petition to have the judgment in favor of Levi revived; and notice thereof having been served on the receiver of the defendant, (dissolved,) the latter appeared, and, not objecting thereto, it was adjudged that said judgment be revived in the name of said administrator, Lewis. Thereupon a rule was entered upon said receiver to show cause why he should not pay the amount of said judgment, or why execution should not issue against the realty or assets of said dissolved corpo- ration. To that rule said receiver has made an answer to the following efïect, viz : That said corporation was a Mis- souri corporation; that on Pebruary 23, 1877, the superin- tendent of the insurance department filed in the proper sate court a petition for the dissolution, etc., of said corporation ; ��� �