812.51/1746
The Attorney General (Mitchell) to the Acting Secretary of State
Sir: We quote below for your information the decision of the Appellate Division, Supreme Court, First Department, New York, reversing the receivership order entered by the Lower Court in this case:
“We consider that the Government of Mexico is a necessary party in interest in the fund proposed to be impounded by this receivership order; and since it is a sovereign state and cannot be made a party without its consent, there was no jurisdiction to appoint receivers of its funds or to issue an injunction against the disposition thereof. We think the order was improvident and should be reversed with $10 costs and disbursements to the appellants, and the motion denied with $10. costs.”
Respectfully,
Acting Head Admiralty Division