April 23, 1923
Mr. Selden Bacon, of New York City, for appellant.
Mr. James A. Fowler, of Knoxville, Tenn., for appellee.
Mr. Justice McKENNA delivered the opinion of the Court.
Ahrenfeldt, the appellant, filed a petition in the District Court in the case of Garvan v. Commercial Trust Co., 282 Fed. 943 (in this Court, Commercial Trust Co. v. Miller, etc. [No. 575] 262 U.S. 51 , 43 Sup. Ct. 486, 67 L. Ed. --), for leave to intervene, alleging that [262 U.S. 60, 61] 'he was an American citizen residing abroad since January 1, 1914, in France, England and Switzerland, having no residence in any judicial district of the United States during that time.'
He further alleged that 'he was the admitted separate owner of an identified portion of the securities and cash deposited with the Commercial Trus Company as mentioned in cases Nos. 575 ( 262 U.S. 51 , 43 Sup. Ct. 486, 67 L. Ed. --) and 292 (U. S. Trust Co. v. Miller, 262 U.S. 58 , 43 Sup. Ct. 489, 67 L. Ed. --),' and that his 'petition for leave to intervene related solely to his own separate property.'
The District Court denied his petition and its order was affirmed by the Circuit Court of Appeals. 282 Fed. 944. The grounds of affirmance, the Court, through Circuit Judge Woolley, expressed as follows:
It is manifest that the case is identical in legal principle, and to a certain and material extent in contentions, with cases Nos. 575 and 292, and is necessarily involved in their ruling.
The decree of the Circuit Court of Appeals affirming the decree of the District Court is