Page:Federal Reporter, 1st Series, Volume 3.djvu/106

 officers by force or by suit. Jones on Railroad Securities, § 503.

The court will not permit any person to interfere either with money or property in the hands of its receiver without leave, whether it is done by consent or submission of the receiver, or by compulsory process against him. All moneys coming into the hands of a receiver by the order of the court are moneys belonging to the court, and the receiver is bound to distribute in obedience to the orders and directions of the court. Kerr on Receivers, 168.

The receiver’s possession being the possession of the court from which he derives his appointment, he is not subject to the process of garnishment as to the funds in his hands, or subject to his control, and such process will be regarded as a nullity. The court, being in the actual custody of the property or fund, will not yield its jurisdiction to another court and permit the right of property to be there tried. It will not permit itself to beeome a suitor in another forum concerning the property in question. If a receiver’s liability to be sued in another court was recognized it would defeat the very ends for which he was appointed, since a judgment in another court, upon the gamishment, would, if recognized and sustained, divest the jurisdiction having custody of the fund. High on Receivers, 151.

In Wiswall v. Sampson, 14 How. 65, the supreme court of the United States say: “When a receiver has been appointed his possession is that of the court, and any attempt to disturb it, without the leave of the court first obtained, will be a contempt on the part of the person making it. When, therefore, a party is prejudiced by having a receiver put in his way, the course has either been to give him leave to bring an ejectment, or other appropriate action, or permit him to be examined pro interesse suo; and the doctrine that a receiver is not to be disturbed extends to cases in which he has been appointed without prejudice to the rights of persons having prior legal or equitable interests. The individuals having such prior interests must, if they desire to avail themselves of them, apply for leave to sue or to be examined pro