Meyer v. Johnston & Stewart
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. CHARLES TURNER. On the 19th day of March, 1873, James Boorman Johnston and John A. Stewart, as trustees, under a mortgage executed to them on October 1st, 1867, by the Selma, Rome and Dalton Railroad Company, filed this bill, in behalf of themselves, and all other creditors of the company, against the Selma, Rome and Dalton Railroad Company; Uriel A. Murdock, special trustee under the deed of -mortgage executed to…
Read the full summary
Appeal from Chancery Court of Dallas. Heard before Hon. CHARLES TURNER. On the 19th day of March, 1873, James Boorman Johnston and John A. Stewart, as trustees, under a mortgage executed to them on October 1st, 1867, by the Selma, Rome and Dalton Railroad Company, filed this bill, in behalf of themselves, and all other creditors of the company, against the Selma, Rome and Dalton Railroad Company; Uriel A. Murdock, special trustee under the deed of -mortgage executed to complainants; Gazaway B. Lamar, as surviving trustee of a mortgage executed by the Alabama and Tennessee River Railroad…
1Opinion of the CourtManning, J.
In this cause there is a severance, and errors are separately assigned by several of the parties appellant ; and there is a cross-assignment of errors by the appellees, under the rule. The amount involved is large ; the questions discussed are numerous, and some of them very important. They have been argued by eminent counsel, with great ability, and ably discussed in the opinion of the chancellor.
I. We overrule the objection to the jurisdiction of the chancery court of Dallas county to hear and decide this cause, founded on the pendency of the prior suit of Amy and Moran against some of the…
2Cases cited10 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Pennock v. CoeSupreme Court of the United States · 1860
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Ellis v. Vernon Ice, Light, & Water Co.Texas Supreme Court · 1893
- Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913
- McLane v. Placerville & Sacramento Valley R.R.California Supreme Court · 1885
- Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
37 more not listed; retrieve them via the Exa API.