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Pacific Bank v. Mixter

Pac. Bank v. Mixter, 114 U.S. 463 (1885)
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Court
Supreme Court of the United States
Decided
April 20, 1885
Judges
Waite
Citations
114 U.S. 4635 S. Ct. 94429 L. Ed. 2211885 U.S. LEXIS 1781
Syllabus
§ 1001 Rev. Stat. exempts insolvent national banks or the receivers thereof, bringing causes to this court by i?rit of error or bn appeal by direction of the Comptroller of the Currency, from the obligation to give security. It is no cause for dismissal of a writ of error brought by a receiver of a national bank that in one of the papers by clerical error he is given a wrong name.
Summary
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. . This was a motion to dismiss a writ of error for reasons stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

*464 Me. Chief Justice "Waite delivered the opinion of the court.

Under § 1001 of the Revised Statutes no bond for the prosecution of the suit, or to answer in damages or costs, is required on writs of error or appeals issuing from or brought to this court by direction of the Comptroller of the Currency in suits by or against insolvent national banks, or the receivers thereof. This is such a case.

There is abundant evidence in the record that the direction from the comptroller to the receiver was to take out a writ of error in this case, although, by mistake in one of the papers, Henry Mixter was' named as the plaintiff instead of George Mixter.

Motion denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1892: 11893: 21895: 11899: 11908: 21933: 11941: 11990: 118922026peak 1893 · 2

Relies on it most ⓘ

  1. C.H. Sanders Co. v. BHAP Housing Development Fund Co.750 F. Supp. 67 (E.D.N.Y. 1990)
  2. Louisville Trust Co. v. National Bank3 F. Supp. 925 (E.D. Ky. 1933)
  3. Hayden v. Caledonia National Bank20 A.2d 675 (Vt. 1941)
  4. Osborne v. Pennsylvania R. Co.159 F. 301 (1908)
  5. Gibson v. Peters150 U.S. 342 (1893)
  6. Citizens' Bank of Wichita v. Farwell56 F. 570 (8th Cir. 1893)

Most recent

  1. C.H. Sanders Co. v. BHAP Housing Development Fund Co.750 F. Supp. 67 (E.D.N.Y. 1990)
  2. Hayden v. Caledonia National Bank20 A.2d 675 (Vt. 1941)
  3. Louisville Trust Co. v. National Bank3 F. Supp. 925 (E.D. Ky. 1933)
  4. Garfield v. United States ex rel. Stevens32 App. D.C. 109 (D.C. Cir. 1908)
  5. Osborne v. Pennsylvania R. Co.159 F. 301 (1908)
  6. Robinson v. Southern Nat. Bank94 F. 22 (1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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