Illinois Trust & Savings Bank v. Kilbourne
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the NorthJ ern Division of the District of Washington. The principal cause in the court below was a suit by the Illinois Trust & Savings Bank, as trustee of a first mortgage of the railway lines and other property of the Seattle Electric Railway & Power Company, for tire foreclosure of that mortgage.
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Appeal from the Circuit Court of the United States for the NorthJ ern Division of the District of Washington. The principal cause in the court below was a suit by the Illinois Trust & Savings Bank, as trustee of a first mortgage of the railway lines and other property of the Seattle Electric Railway & Power Company, for tire foreclosure of that mortgage. That suit was begun December 31, 1894. Prior thereto, to wit, June 14, 1893, one A. P. Fuller, an unsecured creditor, had commenced a suit against the ,Seattle Consolidated Street-Railway Company, the corporate successor of the Seattle…
1Opinion of the CourtRoss, Circuit Judge
One of the ordinary rules respecting appeals is that all parties to the record who appear to have any interest in the order or judgment challenged must be given an opportunity to be heard on such appeal. The reasons for the rule are fully stated in Masterson v. Herndon, 10 Wall. 416, and restated in Hardee v. Wilson, 146 U. S. 179-181, 13 Sup. Ct. 39, 40. Turning to the decree appealed from, it is seen that the court below allowed the claim of the intervening petitioners to the extent only of the principal sum of the Sears judgment — $16,000—and the costs of that action taxed in the supreme…
2Cases cited4 opinions
- Masterson v. HerndonSupreme Court of the United States · 1870
- Hardee v. WilsonSupreme Court of the United States · 1892
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Sipperley v. SmithSupreme Court of the United States · 1894
3Cited by7 opinions
- Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
- Browning v. BoswellCourt of Appeals for the Fourth Circuit · 1913
- Eldridge v. Payette-Boise Water Users' Ass'nIdaho Supreme Court · 1929
- United States v. CaliforniaCourt of Appeals for the Ninth Circuit · 1938
- Castek v. TullyNebraska Supreme Court · 1934
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