Southern Pac. Ry. Co. v. United Stated
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by the United States against the Southern Pacific Railway Company. Decree for complainant (157 Fed. 96), and defendant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by the United States against the Southern Pacific Railway Company. Decree for complainant (157 Fed. 96), and defendant appeals. The appellee in its bill alleged that by the act of Congress approved July 27, 1866 (Act July 27,1866. e. 278, 14 Stat. 292), the Atlantic & Pacific Railroad Company was incorporated and granted lands in California, and that the grant was declared forfeited by act of July 6, 1886 (chapter 637, 24 Stat. 123), for failure to construct the road in aid of which it…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The question principally discussed in the briefs and argument of counsel is that of the jurisdiction of the Circuit Court to entertain the bill; the appellant contending that the appellee had a complete and adequate remedy at law. In the bill, jurisdiction in equity is invoked on the grounds of discovery, accounting, the establishment of a trust, and the enforcement of a lien. The bill fails to show, however, that there is a trust or a lien involved. Notwithstanding the allegations of the bill, it is apparent that the appellant is not in the possession of a…
2Cases cited17 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Scott v. NeelySupreme Court of the United States · 1891
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Kaufman v. TredwaySupreme Court of the United States · 1904
- United States v. Southern Pacific RailroadSupreme Court of the United States · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mayfield v. Kovac, Jr.Ohio Court of Appeals · 1932
- Thompson v. GaudetteSupreme Judicial Court of Maine · 1952
- United States v. NaldrettDistrict Court, W.D. Michigan · 1914