Central Trust Co. v. Moran
Supreme Court of Minnesota
. Appeal by defendant, John J. Moran, from an order of the District Court of Eamsey County, Charles E. Otis, J., made December 6, 1892, granting a preliminary writ of injunction. Moran recovered a judgment for $14,077.86 in the District Court of St. Louis County January 30, 1892, against the Eastern Railway Company of Minnesota, for personal injuries. A motion for a new trial had been denied and the denial affirmed in this Court. Moran v. Eastern Iiij.
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. Appeal by defendant, John J. Moran, from an order of the District Court of Eamsey County, Charles E. Otis, J., made December 6, 1892, granting a preliminary writ of injunction. Moran recovered a judgment for $14,077.86 in the District Court of St. Louis County January 30, 1892, against the Eastern Railway Company of Minnesota, for personal injuries. A motion for a new trial had been denied and the denial affirmed in this Court. Moran v. Eastern Iiij. Co., 48 Minn. 46. The Railway Company then appealed from the judgment, but it was affirmed in this Court October 31,1892. A writ of error wras…
1Opinion of the CourtGilfillan, C. J.
The first and most important question in the case is whether, as against the mortgagees in a railroad mortgage or deed of trust covering the railroad, its rolling stock, and personal property, an execution can be levied on an item of the rolling stock, say a locomotive, and the property sold to satisfy the execution.
In the absence of any statute on the subject, there has been much diversity of decision, some courts (notably, the Supreme Court of the United States) basing their decisions that the levy cannot be made on the proposition that the rolling stock is part of the realty, — fixtures,…
2Cases cited2 opinions
- Whiteman v. Fayette Fuel-Gas Co.Supreme Court of Pennsylvania · 1891
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3Cited by5 opinions
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