New Orleans Railroad v. Morgan
Supreme Court of the United States
On motion to dismiss writ of error. The New Orleans, Opelousas, and Great Western Railroad Company issued, on the 1st April, 1859, two thousand bonds, redeemable in 1889, for $1000 each, with interest, payable semi-annually; and to'secure the payments a mortgage was executed upon the road (eighty miles), together with the depots and lands appertaining to them, &c.
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On motion to dismiss writ of error. The New Orleans, Opelousas, and Great Western Railroad Company issued, on the 1st April, 1859, two thousand bonds, redeemable in 1889, for $1000 each, with interest, payable semi-annually; and to'secure the payments a mortgage was executed upon the road (eighty miles), together with the depots and lands appertaining to them, &c. On 23d February, 1869, Charles Morgan filed his petition in the Circuit Coúrt of the United States for Louisiana, averring that he was the holder of a certain number of these bonds, and of coupons on them overdue. On this petition…
1Opinion of the CourtJustice Clifford
Two principal cause's are assigned -iri support of the motion to dismiss the writ of error:
1. That the record contains no bill of exceptións nor any agreed statement óf facts or any special verdict, demurrer to a'material pleading, or demurrer to evidence.
2. That the supposed judgment exhibited in the record is not a final judgment.
Express jurisdiction is conferred upon this court by the twenty-second section of the Judiciary Act to re-examine, upon writ of error, and reverse or affirm final judgments in civil actions rendered in a Circuit Court, where the matter in dispute, exclusive of…
2Cases cited3 opinions
- United States v. EliasonSupreme Court of the United States · 1842
- Slacum v. PomerySupreme Court of the United States · 1810
- Taylor v. MortonSupreme Court of the United States · 1863
3Cited by2 opinions
- Cassatt v. Mitchell Coal & Coke Co.Court of Appeals for the Third Circuit · 1907
- Spitley v. FrostDistrict Court, D. Nebraska · 1883