The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1884-03-19
kETTLEn vi LAeYs
Tie Reeeiyarshfp or the Ohio
kedff.t 1 fksfffroal.

SETTLED Al LAST.
The Receiyarship orfhe Ohio
Central lsailroad.
cH4RlEsfoa w VA, March IS.
Judge5ackson, Of the United States
District Court, for tho District 81
West Virginia, sitting as Circuit
Judge, arrived here to.dayandTen-
dered his decision extending the
powered T'hos. r. Sharp as receiver
over that portion ofthe Ohio Cen.
trail RAILROAD, lying between Corn.
ing, Ohio, and the Ohio river, in
Che three cases Of Nelson, Robinson,
ct all, owner, and johnson, Central
Trust Co, Of Now York, against the
Ohio Central railroad The ques.
ton involved was that o. a conflict
Of jurisdiction between the United
States District Courts, for the Dis
trict Of West yirginia and the
United States District Court for the
Southern District Of Ohio. Judge
jackson held as that between pro.
ceedings in d Federal tribunal his
court frst required jurisdiction oy.
or the subject matter Of thecontros
versy and upon the question Of
Jurisdiction arising upon the pro,
ceedings begun and held in tie
State Courts it Is conceded that
they were prior to any Instituted
in the Federal cousts. II appears
Nelson Robinson Hled his bill on
September 20, 1883, in the Court Of
Common Pleas Of Lucas county, o.,
asking for q foreclosure Of 1.-THE mort
gage on the Ohio Central R'y Co.,
and the appointment Of receiver
from the court; that court exercis.
ed jurisdiction, audappointed John
3. Martin receiver. Subsequently
the case was removed to the Circuit
Court Of the United States for the
Southern District Of Ohio. II was
claimed in the discussion Of the
case by the compliments, and
scarcely controverted by the defend
ants, that the Court Of Common
Pleas Of Lucas, O., had no jurisdic.
ton over the defendant company
or its property under the statutes
Of Ohio, for the reason that the de.
PENDANT company did not reside in
the county, nor was any portion Of
the defendants property covered
by amortgage found in that county.
This construction of the Ohio
statute seems to have been adopted
by the court Of the Sixth circuit in
disappointment of its receiver, as
Martins appointment was made
solely under the bill fled by the
Central Trust Company. In this
view Of the construction Of the
Ohio statute it will not only con-
cur but conclude that the proceed
ings instituted in the Court Of
Common Pleas of Lucas county, o.,
we're coramnon iudice, therefore
nullity. But the case is very diff
ferent in the courts of the State of
West Virginia. The Same bill
that was fled in the Court of Com.
mon Pleas Of Lucas county, o.,
was filed in the Circuit Court of
Mason county, West Virginia, o.
tober Sd, 1888, at which time the
defendant company appeared to
said bill, waived service Of process
and John E. Martin was appointed
receiver. On October Goth, 1888,
the cause was removed to this court
and regularly dockoted therein, 1t
is conceded that the Circuit Court
of Macon county, West Virginia,
had jurisdiction over the defend.
Fapt company's property, and in
this report IL was. wholly unlike
tie casa Of in the Court Of Common
Pleas Of LrcaS county, o. 1t will
be observed Then that the State
Court in West Virginia acquired
full and complete jurisdiction on
October 8, 1883, the day the bill
was filed and that by reason Of its
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 prior to any lie.
gal proceeding instituted Ia the
courts Of Ohio and the jurisdiction
thus acquired is not only prior,
but is complete and exclusive over
tho defendant company's property.
But one question remains unno.
tiCed, that is, can this court extend
its jurisdiction over the defendant
cOmpauy's property beyond it geo.
graphical or territorial iurisdic.