Kline

(after stating the facts as above). The suit of Clark referred to in the statement has been twice before this court—the first time on the petition of a judgment creditor of the Trust Company to intervene, upon the alleged ground that the modification of the decree of February 27, 1913, made by that of March 12, 1914, was a nullity, and operated to the prejudice of the petitioner (appellant in this court) “because the latter had by its judgment acquired a vested property right in the surplus remaining in the possession of the Trust Company after the execution of the decree of February 27, 1913, and that it gave to the stockholders of the insolvent Trust Company, at whose instance the original decree was set aside, rights in the assets of that company prior and superior to those of the appellant as a judgment creditor.” Farmers’ & Merchants’ Bank v. Arizona M. S. & L. Ass’n, 220 Fed. 1, 4 , 135 C. C. A. 577 . In affirming the decree in that cause we said, among other things:

The second time the cause was brought here was on application for a writ to the judge of the court below, prohibiting that court and the judge thereof from modifying or exercising any jurisdiction over the…