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Horn v. Lockhart et al. U.S. 570 (1873)

handle is hein.slavery/ussccases0481 and id is 1 raw text is: HORN V. LOCKHART. [Sup. C. Syllabus. In -The amnes Gray v. The John I-Maser,* stress was laid upon the fact that there was no act of Congress in conflict with the city ordinance in questioii. - See, also, in this cou- nection, Osborne v. The 6'ly of .obile.t If the requirements of the statute here in question were,. as contended by the counsel for the plaintiff in error, regeda- lions of commerce, the question would arise, whether, regarded in the light of the authorities referred to, and of reason and principle, they are not regulations of such a character as to be valid until superseded by the paramount action of Con- gress. But as we are unanimously of the opinion that they are merely police regulations, it is unnecessary to pursue the subject. JUDGMENT AFFIRMED. HORN v. LoCKHART .ET AL. 1. When objection is taken to the jurisdiction of the Circuit Court of the United States by reason of the citizenship of some of the parties to a suit, the question is whether to a decree authorized by the case pre- sented they are indispensable rarties. If their interests are severable from those of other parties, and a decree without prejudice to their rights can be made, the jurisdiction of the court should be retained and the suit dismissed as to them. 2. To a suit brought in the Circuit Court of the United States by legatees in a will to compel an executor to account for moneys received by him from sales of property belonging to the estate of his testator, and to pay to -them their distributive shares, it is no answer for the executor to show that he invested such funds in the bolids of the Confederate gov- ernment by authority of a law of the State in which-he was executor, and that such investment was approved by the decree qf the probate court having settlement of the estate. Such investment was a direct contribution to the resources of the Confederate-government, and was an illegal transaction, and the decree of the probate court approving the investment and directing the payment of the distributive shares of the legatees in such bonds was an absolute nullity, and affords no protection, to the executor in the courts of the United States. 2 1 16 Wallace, 479. * 21 Howard, 184.

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