ELLERBE v. STUDEBAKER CORPORATION OF AMERICA

No. 2626.

21 F.2d 993 (1927)

ELLERBE et al. v. STUDEBAKER CORPORATION OF AMERICA.

Circuit Court of Appeals, Fourth Circuit.

October 18, 1927.


Attorney(s) appearing for the Case

A. L. Hardee and F. L. Willcox, both of Florence, S. C., for plaintiffs in error.

C. W. Muldrow, of Florence, S. C., and R. E. Whiting, of Charlotte, N. C., for defendant in error.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.


PARKER, Circuit Judge.

Although this cause was instituted and heard in the court below as an action at law, and was brought here by writ of error, it is, in reality, a suit in equity to establish a trust in or a lien upon certain funds in the hands of the receiver of an insolvent national bank. No point, however, has been made with respect to this, and, as the procedure followed below was that appropriate to the trial of a suit in equity, and as we are authorized...

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