CHISHOLM v. GILMER

No. 11.

299 U.S. 99 (1936)

CHISHOLM ET AL. v. GILMER, RECEIVER.

Supreme Court of United States.

Decided November 9, 1936.


Attorney(s) appearing for the Case

Mr. Minitree J. Fulton, with whom Messrs. Homan W. Walsh and Lyttelton Waddell were on the brief, for petitioners.

Mr. George Gilmer, with whom Messrs. John S. Eggleston and George P. Barse were on the brief, for respondent.


MR. JUSTICE CARDOZO delivered the opinion of the Court.

The controversy is one as to the jurisdiction of a United States District Court in Virginia to apply the Virginia practice whereby a notice of motion for judgment is accepted as a substitute for a writ or other process issued from a court.

Petitioners, shareholders in a national bank, have been charged by the Comptroller of the Currency with an assessment in the amount of the par value of their shares...

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