Railroad Co. v. Orr
Supreme Court of the United States
Appeal from the District Court for the Middle District of Alabama. Orr, a citizen of Mississippi, suing for himself and in behalf of all others, holders of bonds of the county of Lime-, stone, in the State of Alabama (secured by a certain mortgage hereinafter specifically described and which the bill set forth), who might come in and contribute to the expenses of’the suit, filed a bill in the court below against the said county and “ The Nashville and Decatur Railroad…
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Appeal from the District Court for the Middle District of Alabama. Orr, a citizen of Mississippi, suing for himself and in behalf of all others, holders of bonds of the county of Lime-, stone, in the State of Alabama (secured by a certain mortgage hereinafter specifically described and which the bill set forth), who might come in and contribute to the expenses of’the suit, filed a bill in the court below against the said county and “ The Nashville and Decatur Railroad Company,” both corporations of Alabama. The bill set forth that in the year 1853 a railroad company, under the name of “ The…
1Opinion of the CourtJustice Hunt
The principal question in the case, and the one upon which the decision is now placed, is whether there are the proper parties present in the suit?
It is a general rule in equity that all parties entitled to litigate the same questions are necessary parties. . All persons having an interest, although remote, in the subject-matter of the- bill must be made parties; or the bill must be so framed as to give them an opportunity to come in and be made parties. * The principle that all must be made parties whose interests may be affected by the decree is only departed from where it becomes extremely…
2Cases cited3 opinions
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
- Egberts v. WoodNew York Court of Chancery · 1831
- Bailey v. IngleeNew York Court of Chancery · 1830
3Cited by18 opinions
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
- New Orleans Pacific Railway Co. v. ParkerSupreme Court of the United States · 1892
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- McPike v. WellsMississippi Supreme Court · 1876
- Sheffield & B. Coal, Iron & Railway Co. v. NewmanCourt of Appeals for the Fifth Circuit · 1896
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