Iowa v. Old Colony Trust Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Suit in equity by the Old Colony Trust Company of Boston, Mass., and others, against the Ft. Dodge, Des Moines & Southern Railroad Company. From an order directing receivers to abandon and dismantle a portion of defendant’s line of railroad, the State of Iowa and others appeal. Xn a suit to foreclose a mortgage given by the Ft.
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Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Suit in equity by the Old Colony Trust Company of Boston, Mass., and others, against the Ft. Dodge, Des Moines & Southern Railroad Company. From an order directing receivers to abandon and dismantle a portion of defendant’s line of railroad, the State of Iowa and others appeal. Xn a suit to foreclose a mortgage given by the Ft. Dodge, Des Moines & Southern Railroad Company to secure the payment of a large issue of bonds, the court below, on the petition of the receivers appointed in…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). Some general criticism of the proceedings in the foreclosure suit, of the management of the road by the receivers, of the issue of receivers’ certificates for $800,000, and the expenditure of that amount of money in the improvement or operation of the main line, hereinafter sometimes referred to as “the electric line” instead of upon the line sought to be abandoned, hereinafter sometimes referred to as “the steam line,” was indulged by counsel for appellant in their argument, but in their brief they reduce the questions for our consideration to a narrow…
2Cases cited3 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- South Carolina ex rel. Cunningham v. JackCourt of Appeals for the Fourth Circuit · 1906
- State ex rel. Cunningham v. JackU.S. Circuit Court for the District of South Carolina · 1902
3Cited by19 opinions
- Railroad Commission of Texas v. Eastern Texas RailroadSupreme Court of the United States · 1924
- In Re Chicago Rapid Transit Co.Court of Appeals for the Seventh Circuit · 1942
- Converse v. Commonwealth of MassachusettsCourt of Appeals for the Second Circuit · 1939
- Southern Railway Co. v. HatchettCourt of Appeals of Kentucky · 1917
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1922
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