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EVANS v. NELLIS

No. 66.

187 U.S. 271 (1902)

23 S.Ct. 74

47 L.Ed. 173

EVANS v. NELLIS.

Supreme Court of United States.

Decided December 1, 1902.

Attorney(s) appearing for the Case

Mr. L.A. Stebbins, Mr. C.J. Evans, Mr. P. Tecumseh Sherman and Mr. S.B. Stanton for plaintiff in error.

Mr. Andrew J. Nellis, defendant in error, pro se.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

The third question lies at the threshold, and requires to be answered before approaching the consideration of the first and second questions. This becomes apparent when it is seen that if the first and second be answered in such a manner as to sustain the cause of action, the question would yet remain whether the receiver, appointed as stated, had authority to prosecute the...

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