Cincinnati, N. O. & T. P. Ry. Co. v. Gray
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. Samuel Thomas, as complainant, instituted a suit in equity in the court below, having for its chief purpose the foreclosure of a mortgage on the Cincin. nati, New Orleans & Texas Pacific Railway. Pending the litigation, the appellant S. M. Felton ivas appointed the receiver of the court in the cause, and was charged with the duty of continuing the operations of the railroad.
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Appeal from the Circuit Court of the United States for the District of Kentucky. Samuel Thomas, as complainant, instituted a suit in equity in the court below, having for its chief purpose the foreclosure of a mortgage on the Cincin. nati, New Orleans & Texas Pacific Railway. Pending the litigation, the appellant S. M. Felton ivas appointed the receiver of the court in the cause, and was charged with the duty of continuing the operations of the railroad. An order was entered requiring all persons having claims against the receiver to file them with the master, Richard P. Ernst, Esq., instead…
1Opinion of the CourtEyans, District Judge
Error is assigned by appellant upon tbe action of tbe court below in i)erinit1iug the filing of certain amended petitions, but, as these were matters entirely within the sound discretion of the trial court, the authorities are uniform to the effect that such action is not reviewable upon appeal. This rule ajadles quite as forcefully to tbe amended petition permitted to be filed at or near the final hearing of the case as to the others. Corrections and amendments of pleadings are liberally allowed in order to subserve the ends of justice, and to secure a thorough presentation of the claim or…
2Cases cited17 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Blair v. DurhamCourt of Appeals for the Sixth Circuit · 1943
- Mountain Copper Co. v. Van BurenCourt of Appeals for the Ninth Circuit · 1904
- Pennsylvania Co. v. FishackCourt of Appeals for the Sixth Circuit · 1903
4 more not listed; retrieve them via the Exa API.