Bondholders & Purchasers of the Iron Railroad v. Toledo, D. & B. R.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. This was a petition by the Bondholders and Purchasers of the Iron Railroad for a rehearing of a claim against proceeds of sale on foreclosure of mortgages on that and other railroads, constituting the Toledo, Cincinnati & St. Louis Railroad. The Toledo, Delphos Sc Burlington Railroad Company and the Toledo, Cincinnati & íát. Louis Railroad Company demurred to the petition.
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Appeal from the Circuit Court of the United States for the District of Indiana. This was a petition by the Bondholders and Purchasers of the Iron Railroad for a rehearing of a claim against proceeds of sale on foreclosure of mortgages on that and other railroads, constituting the Toledo, Cincinnati & St. Louis Railroad. The Toledo, Delphos Sc Burlington Railroad Company and the Toledo, Cincinnati & íát. Louis Railroad Company demurred to the petition. The demurrer was sustained, and thereupon the petition was dismissed. The pe-xitioners appealed. This appeal is from an order refusing an…
1Opinion of the CourtWoods, Circuit Judge
(after stating tin* facts). It is well settled that there can lie no appeal from an order granting or refusing an application for a rehearing. Steines v. Franklin Co., 14 Wall. 15; Railway Co. v. Heck, 102 U. S. 120; Kennon v. Gilmer, 131 U. S. 22, 9 Sup. Ct. 696; Roemer v. Bernheim, 132 U. S. 103, 10 Sup. Ct. 12; Boesch v. Graff, 133 U. S. 697, 10 Sup. Ct. 378; Central Trust Co. v. Grant Locomotive Works, 135 U. S. 207, 10 Sup. Ct. 736.
The appellants contend, however, that the decree of which a rehearing was asked was neither final nor valid; that their petition for rehearing was such only…
2Cases cited6 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Boesch v. GraffSupreme Court of the United States · 1890
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
- Railway Co. v. HeckSupreme Court of the United States · 1880
- Roemer v. BernheimSupreme Court of the United States · 1889
1 more not listed; retrieve them via the Exa API.
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- Iglesias v. Banco Territorial y Agricola de Puerto RicoCourt of Appeals for the First Circuit · 1920
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- Wakefield v. United StatesCourt of Customs and Patent Appeals · 1942
- Waller-Muller Co. v. United StatesCourt of Customs and Patent Appeals · 1933