Can an ancillary action be brought in the same jurisdiction as the main action?

MultiRegion, United States of America

The following excerpt is from U.S. v. Franklin National Bank, 512 F.2d 245 (2nd Cir. 1975):

Without showing diversity of citizenship, ancillary action can be brought only in the court in which the main action was brought wherein the plaintiffs were appointed trustees, and this was the Eastern District of Pennsylvania. 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."

41 F.Supp. at 1018.

Other Questions


What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a judge immune from a personal injury action for actions taken within the jurisdiction of his or her own court? (MultiRegion, United States of America)
How has jurisdiction been found in a civil action brought by appellant under Title VII of the Fourteenth Amendment? (MultiRegion, United States of America)
Is a prisoner precluded from bringing a civil action or appeal in forma pauperis if he has brought three frivolous actions and/or appeals? (MultiRegion, United States of America)
Can an individual damages action be brought against a pending class action for injunctive relief? (MultiRegion, United States of America)
Does a judge and magistrate judge who dismissed an action brought by plaintiff in a previous action, Williams v Walker, 2:07-cv-0752? (MultiRegion, United States of America)
Can an action be brought against the successors of an official who had engaged in the same practice that led to the action? (MultiRegion, United States of America)
What is the test for determining whether a federal district court has jurisdiction to hear a class action brought by a union representing unionized workers? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear an action brought under section 96 of the Constitution Act, 1867? (Canada (Federal), Canada)
Does the federal court have jurisdiction to hear a motion in a motion brought by defendants in a civil case brought by the Department of Justice against the Attorney General? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.