Harwood v. Railroad Co.
Supreme Court of the United States
Appeal from the District Court for the District of Indiana. Harwood, March, and several other persons, representing that they were stockholders in the Cincinnati and Chicago Railroad, “ a corporation now disorganized and unable to sue,” filed, on the 25th of December, 1865, a bill in the court below against the Air-Line Railroad Company, one Brandt, and several additional persons, to vacate a decree rendered iu the same court in the early part of the year 1860, in a suit by…
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Appeal from the District Court for the District of Indiana. Harwood, March, and several other persons, representing that they were stockholders in the Cincinnati and Chicago Railroad, “ a corporation now disorganized and unable to sue,” filed, on the 25th of December, 1865, a bill in the court below against the Air-Line Railroad Company, one Brandt, and several additional persons, to vacate a decree rendered iu the same court in the early part of the year 1860, in a suit by George Carlisle as trustee of a second mortgage on the road for the benefit .of a certain second issue of bonds, against…
1Opinion of the CourtJustice Hunt
We are of opinion that the judgment must be affirmed, for two reasons:
1. Mr. Carlisle, the plaintiff in the suit in which the decree is sought to be vacated, is not a party to this proceeding. In the former suit all the forms of law, at least, were complied with. The parties having interests which it was sought to foreclose were made parties, a decree was taken in the ordinary form that they be foreclosed and that the property be sold. A sale, was had. under which the present defendants claim title. This was done' upon the prayer of. Mr. Carlisle, by his authority] and upon his procurement.…
2Cases cited1 opinion
- Thompson v. GrahamNew York Court of Chancery · 1829
3Cited by58 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Abraham v. OrdwaySupreme Court of the United States · 1895
- Alsop v. RikerSupreme Court of the United States · 1894
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