Summary
In Sullivan v. Swain, C.C., 96 F. 259, it was said: "Where a receiver * * * brings an action in the court which appointed him, such court has jurisdiction of the action * * *; but in such a case the jurisdiction is upheld on the ground that the action is but auxiliary to * * * the original suit * * *. This ground of jurisdiction, however, manifestly does not exist where the receiver sues in a jurisdiction other than that of his appointment."
Summary of this case from United States v. Franklin National BankOpinion
(Filed 10 December, 1930.)
APPEAL by plaintiff from Webb, J., at May Term, 1930, of BUNCOMBE.
A. Hall Johnston, J. M. Horner, Jr., and William A. Sullivan in propria persona for plaintiff.
No counsel for defendants.
Application for writ of mandamus to require the defendant, board of elections of Buncombe County, to place the plaintiff's name on a ballot to be used in the Democratic primary, 7 June, 1930, for nomination as candidate for office of judge of the General County Court of Buncombe County in the general election to be held 4 November, 1930, denied because, under the law, it was not clear that the defendant, board of elections, had ruled erroneously in declaring that no election was to be held for said office in 1930, for that the term of the present encumbent did not expire until 31 December, 1931. No primary election was held in June, 1930, for said nomination; and no election was held in November, 1930, for said office.
Plaintiff appeals, assigning error.
Dismissed as moot on authority of Pruitt v. Wood, ante, 788, and Rasberry v. Hicks, ante, 702.
Appeal dismissed.