Fidelity Trust & Safety Vault Co. v. Mobile St. Ry. Co.
U.S. Circuit Court for the District of Southern Alabama
In Equity. Bill by the Fidelity Trust & Safety Vault Company against the Mobile Street-Railway Company to foreclose a mortgage. Heard on motion to make absolute an order confirming the sale of the railway property. For opinion on motion to set aside service of a petition in the nature of a cross bill filed by certain bondholders, see 53 Fed. Sep. 850.
1Opinion of the Court
TOTJLMIV, ‘District Judge.
As preliminary to this motion it is suggested that the court has no jurisdiction to hear and decide it, because an. ai>peal has been taken in the cause, and a supersedeas, bond given with a stay of proceedings. The decree appealed from is one confirming the report of the special master, and decreeing the payment of money thereunder for solicitors’ fees and other expenses, and was a final decree. The execution of that decree was superseded, but the supersedeas has nothing to do with, the decree in which the equities of the cause were involved, and by which they were…
2Cases cited3 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Allen v. AllenSupreme Court of Alabama · 1885
3Cited by3 opinions
- People v. Riverside UniversityCalifornia Court of Appeal · 1973
- Blanks v. Farmers' Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1903
- Central Trust & Savings Co. v. Chester County Electric Co.Court of Chancery of Delaware · 1910