Julian v. Central Trust Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Western District of North Carolina, This case comes up on appeal from the decree of the circuit court of the United States for the Western district of North Carolina, granting an injunction. The bill of complaint was filed by the Central Trust Company, a corporation of the state of New York, and the Southern Railway Company, a corporation of the state of Virginia.
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Appeal from the Circuit Court of the United States for the Western District of North Carolina, This case comes up on appeal from the decree of the circuit court of the United States for the Western district of North Carolina, granting an injunction. The bill of complaint was filed by the Central Trust Company, a corporation of the state of New York, and the Southern Railway Company, a corporation of the state of Virginia. It was a supplemental bill, or, more properly, a bill in the nature of a supplemental bill, to a bill theretofore filed in the same court by the Central Trust Company of New…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts). The first question is: Was the property so levied upon and advertised for sale corporate property of the Western North Carolina Railroad Company, as owned and held by it on the day when said judgment was so docketed in said county of Rowan, or at any time thereafter, in whose hands soever the same may be? The Western North Carolina Railroad Company was created a corporation of that state by its legislature. The sovereign power made of the corporators a single entity, and conferred upon them the franchises of acting as a person. This new person, creature of the law,…
2Cases cited17 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Marshall v. HolmesSupreme Court of the United States · 1891
- Barrow v. HuntonSupreme Court of the United States · 1879
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Williams v. . TeacheySupreme Court of North Carolina · 1881
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3Cited by4 opinions
- Lehman v. SpurwayCourt of Appeals for the Fifth Circuit · 1932
- Stump v. SturmCourt of Appeals for the Fourth Circuit · 1918
- West Virginia Pulp & Paper Co. v. MillerCourt of Appeals for the Fourth Circuit · 1909
- Bortman v. Urban Motion Picture Industries, Inc.Court of Appeals for the Second Circuit · 1925