Page:Federal Reporter, 1st Series, Volume 1.djvu/218

 210 FEDERAL REPORTBR. �tion of affairs. If there should be a question arising after the administration on the one hand of the state or federal tribunals, through its receiver, not coupled with or growing ont of the administration of the law through the respective courts pertaining to the oonduct of its ofiScers, such subse- quent question might be oonsidered; but not pending the litigation. �Hence it should be understood that the naked and broad proposition is decided by this court in this particular case, that where, under the state insurance act, proceedings have been instituted against a company which finally ripen into the administration of the affairs of that company, ail inter- mediate proceedings must be finally disposed of in that tri- bunal, even though a judgment were rendered here pending the administration. In this case judgment was rendered. It stands as a valid and subsisting judgment, subject, however, in its order of distribution, to the rules pertaining to the ad- ministration of these affairs under the insurance act "of the state. �Suppose, under the insurance law, the case against this company had been finally dismissed in the state court, this plaintiff would then have had his lien according to its order of priority. But he took his judgment subject to the deter- mination of the state court, whether it should render a final decree of dissolution relating back to the date of the pro- ceedings. Consequently the proceedings here are not void ; it is a valid judgment, to await its order in that court like any other judgment. If this is understood, that is ail of this case. In other words, having entered of record the revival of this matter in the name of Lewis, administrator, the petition is dismissed as to ail other matters, and the party remitted to his proceedings in the state court, so far as this case is con- «erned. �Now, a few words should be said with regard to the two cases of Payne v. Hook, supra. In the second case the supreme court of the United States, without expressly saying that it had overruled itself with regard to the matters involved in those cases, practically did so. Mr. CampbeU called the atten- ��� �