Secor v. Toledo, P. & W. R.
U.S. Circuit Court for the Northern District of Illnois
[This was a bill in equity by James E. Secor against the Toledo, Peoria & Warsaw Railroad Company.] A bill was filed in 1874, in the circuit court of the United States for the Northern district of Illinois, for the foreclosure of a mortgage, given by the Toledo, Peoria & Warsaw Railway Company, and in January, 1875, a receiver was appointed-by the court to take charge and possession of the railway and other property of the corporation, who was required by the court to…
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[This was a bill in equity by James E. Secor against the Toledo, Peoria & Warsaw Railroad Company.] A bill was filed in 1874, in the circuit court of the United States for the Northern district of Illinois, for the foreclosure of a mortgage, given by the Toledo, Peoria & Warsaw Railway Company, and in January, 1875, a receiver was appointed-by the court to take charge and possession of the railway and other property of the corporation, who was required by the court to operate the road. The receiver soon after entered upon the discharge of his duties, and has ever since, with the exception…
1Opinion of the Court
DRUMMOND, Circuit Judge.
I think the evidence in this case leaves no doubt that all these persons participated in a common object, which was to prevent the running of the trains of the Toledo, Peoria & Warsaw Railway Company. On the evening of Wednesday, the 25th of July, there was a meeting where Mack and Ennis, two of the defendants, were present and took part, the object of which was to prevent the operation of the railroads at Peoria. That purpose seems to have been carried out on the following day; and others from some cause or other, were induced to join them in this common object. It is…
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