Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-03-17
From he Sunday Register.
SETTLED At LAST,
The RecsiYsrshlp of the Ohio Gen.
trail Railroad.
Receiver Sharp TO Control the En-
tire Line,
Including the Contested Portion
in Ohio.
The Text of Judge Jackson's Ruling
in the Case.
Special % the ReqisIeT.

cptCtdA " B9c hsgtSteT.
CHARLESTON, w. Va, March 15.-Judge
Jackson, of the United States District
Court, for the District Of West Virginia,
sitting as Circuit Judge, arrived here to-
day and rendered his decision extending
the power Of Thos. +. Sharp as receiver
over that portion of the Ohio Central rail-
road, lying between Corning 0aio, and the
Ohio river, in the three cases Of Nelson,
Robinson, ct ST., owner, aud Johnson, Gen.
trial Trust Co., Of New York, against the
Ohio Central railroad. The question in
yolyed was that Of conflict Of jurisdiction
between the United States District Courts,
for the District of West Virginia and the
United States District Court for the South
ern District of Ohio.
Judge Jackson Held
as that between proceedings in q Federal
tribunal his court first required jurisdic-
ton over the subject matter OF the contro-
yersy and upon the question Of jurisdiction
arising upon the proceedings begun and
held in the State courts ii is conceded that
they were prior 10 any instituted in the
Federal courts. II appears Nelson Robin
son filed his bill on September 20, 1888, IN
the Court OF Common Pleas OF Lucas couu-
ty, . asking for foreclosure of the mort.
gage on the Ohio Central R'y Co., aud
the appointment of a receiver from the
court; that court exercised Jurisdiction,
snd appointed John Z. Martin receiver.
Subsequently the case was removed to the
Circuit Court of the United States for the
Southern District of Ohio. 1t was claimed
In the discussion OF the case by the com
plains nts, and
scarcely COntrOyerted by the Defend
ants,
that the Court Of Common Pleas OF Lucas,
D., bad no Jurisdiction over the defendant
clmpsny or its property under the stat
utes of Ohio, for the reason that the de-
feudsnt company did Lot reside in
the county, nor Was any portion
of the defendants property covered
by q mortgage found in that county.
This construction of the Ohio statute
seems to have been adopted by the court Of
the Sixth circuit IN the appointment Of its
receiver, as Martins appointment was
made solely under the bill filed by he
Central Trust Company. In this view oil
the construction of the Ohio statute It will
not only concur but conclude that the pro-
Ctedings instituted in the Court of Com
mon Pleas of Lucas county, o., were coram
non judice, therefore nullity. But the
case is very different In the courts OF the
state Of West Virginia. The same bill that
was filed in the Court Of Common Pleas oil
Lucas county, o., was
Filed In the Circuit Court OF Mason
County,
West Virginia, October 3rd, 1888, at which
time the defendant company appeared to
sand bill waived service of process and
JshR L. Martin WAS appointed receiver.
On October 10Th, 1888, the cause was re.
moved to this court and regularly docketed
therein. 1t is conceded that the Circuit
Court Of Mason county, West Virginia, had
jurisdiction over the defendant company S
property, and in this report 1t
was wholly unlike the case in the Court OF
Common Pleas of Lucas county, Ohio. IL
will be observed then that the State Court
in West Virginia acquired fall and COM
plete jurisdiction on October ), 1883, the
day the bill was filed and that oy reason
of it's removal to this court this courts
Jurisdiction relates back to that date.
Under the proceedings
This Court acquired Jurisdiction
as of that date which is price to any
legal proceeded instituted ia the courts OF
Ohio and the Jurisdiction thus acq uired Is
not only prior, but is complete and exclu-
sIye over the defendant company's proper
". But one questions remains unnoticed,
that is, can this court extend its Jurlsdlc-
ton over the defendant cOmpany's prop.
eriy beyond its geographical or territorial
jurisdiction. THIS is trust estate and
must be- administered as an entirety for
the position of all concerned. II
is well settled mat the court that
first takes jurisdiction OF part OF the trust
,st..s hos 4. Ia, al riyht IN siminiStpr uDOQ
the whole. IL follows that this court,
having pri,r jurisdiction over that portion
Of the tiu.t estate found in this circuit bJ
resson Of jurisdiction thus acquired It has
the right TO administer upon that portion
of The trust estate lying between the Ohio
River aud Corning, Ohio. An order will
be Fu;t red extending the jurisdiction OF
Receiver Sharp over the entire property OF
the Gef,r dant company to that place.