Milwaukee & St. Paul Railroad v. Milwaukee & Minnesota Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a railroad mortgage, and to have a receiver appointed, &c.
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APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a railroad mortgage, and to have a receiver appointed, &c. The complaint alleges the making of bonds for two million dollars by the La Ch'osse & Milwaukee R. R. Go., in 1858, with interest coupons attached, and the execution as security therefor of a mortgage or deed of trust running to William Barnes, and embracing the whole road of said company from Milwaukee to La Crosse, with all the real property connected with said road, and all its rolling stock, and also its franchises; the delivery of said mortgage to said…
1Opinion of the CourtCole, J.
We are of the opinion that the order appealed from in this case must be affirmed for the objection taken as the first ground of demurrer. That objection is, that it appears upon the face of the complaint that the circuit court of Milwaukee county has no jurisdiction of the subject of the action, which is the railroad and other property therein mentioned, for the reason that the same is in the possession of the United States court by its receiver. This point we think well taken. The complaint certainly shows in the clearest manner that Hans Crocker, as receiver, on the 11th day of June, 1860,…
2Cited by3 opinions
- Ballin v. LoebWisconsin Supreme Court · 1890
- Lockwood v. ReeseWisconsin Supreme Court · 1890
- O'Mahoney v. . BelmontNew York Court of Appeals · 1875