Page:Federal Reporter, 1st Series, Volume 3.djvu/474

 TATLOB V. LIFB ASSOCIATION OF AMERICA. 467 �Ml proofs as to the facts; and that, in the meantime, the assets should be colleeted with as little delay and expense as possible. Being desirons, upon principles of comity, if for no other reason, to give as much effect as possible to the pro- ceedings in Missouri, the home of the corporation, without in- jury to any of the rights, real or supposed, of the Tennessee creditors, it at first appeared to me that it would answer the ends of justice to refuse a reçeiver, dissolve the attachment, and permit Eelfe to go on with his collections ; but to restrain him from taking the funds beyond the jurisdiction of the court until this controversy was settled, and to require him to pay his collections into the registry of this court as a fur- ther security against their removal. This was not satisfac- tory to the plaintiffs, and inasmuch as they insisted that the laws of Missouri could not operate in Tennessee, nor the de- crees of its courts, nor the assignment in a case like this, it eeemed necessary to strengthen Eelfe's title by appointing him reeeiver here, and it was so ordered. He was required to pay the funds into this court, and enjoined from making any other disposition of them. He submitted to this course and accepted the conditions, presumably with the consent and ad vice of the court in Missouri; but, whether that be so or not, the power to prevent any injury by his removing the assets was considered ample, and I had no doubt'the proceed- ings could progress amicably between the two courts, and much unnecessary expense be thereby saved. He has ten- dered the required bond, with sureties residing in Missouri of ample means for the purposes of security. This petition for a rehearing is a very earnest protest against that decree, and against a bond given only by non-residents. The objections are �(1) that Eelfe is an officer of a foreign state, subject to its laws; �(2) that he is the reeeiver of a foreign court, subject to its con- trol; (3) that he is a party to the suit, and not indifferent or impartial ; (4) that he is a non- resident, and resides at a dis- tance ; and (5) that his sureties, at least, should reside here. �As a general rule, the appointment of a reeeiver, and the proper person to be appointed, are matters within the discre- tion of the court ; not arb jtrary it is true, but to be goveraed ����