Legal Opinion

Central Railroad & Banking Co. of Ga. v. Pettus

Supreme Court of the United States

Decided January 5, 1885PublishedCited by 423 opinions

■APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF AL A HAMA. This was an appeal from a decree of the Circuit Court of the United States for the Middle District of- Alabama in favor of the appellees — Pettus & Dawson and "Watts & Sons — adjudging them entitled to .the; sum of $35,161.21, and interest thereon at eight per cent, per annum fromA March 7, 1881, with lien, to secure its payment, upon- the road-bed, depots, side tracks, turnouts,…

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■APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF AL A HAMA. This was an appeal from a decree of the Circuit Court of the United States for the Middle District of- Alabama in favor of the appellees — Pettus & Dawson and "Watts & Sons — adjudging them entitled to .the; sum of $35,161.21, and interest thereon at eight per cent, per annum fromA March 7, 1881, with lien, to secure its payment, upon- the road-bed, depots, side tracks, turnouts, trestles, and bridges owned and used by the appellants — corporations of .the State of Georgia — in operating the railroad…

1Opinion of the CourtJustice Harlan

He recited the facts as above stated, and continued:

In Trustees v. Greenough, 105 U. S. 527, we had occasion to consider the general question as to whát costs, expenses and allowances could be properly charged upon a trust fund brought under the control of court by suits instituted by one or more persons suing in behalf of themselves and of all others having a like interest touching the subject-matter of the litigation. That suit was instituted by the holder of the bonds of a railroad company, on behalf of himself and other bondholders, to save from waste and spoliation certain property in…

2Cases cited4 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Warfield v. CampbellSupreme Court of Alabama · 1863
  3. Ex parte LehmanSupreme Court of Alabama · 1877
  4. Montgomery & West Point Railroad v. Branch, Sons & Co.Supreme Court of Alabama · 1877

3Cited by423 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  3. City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
  4. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  5. Hall v. ColeSupreme Court of the United States · 1973

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