Legal Opinion

Finance Committee of Pennsylvania v. Warren

Court of Appeals for the Seventh Circuit

Decided October 4, 1897No. Nos. 372, 373PublishedCited by 10 opinions

Appeals from the Circuit Court of tlie United States for tlie South.ern District of Illinois. These appeals present the question whether the amount allowed the special master for his' service in tlie sale of tlie railway in question was excessive. Tlie Jacksonville, Louisville & St. Louis Railway Company on May 1, 1890, executed its mortgage or trust deed to the Finance Committee of Pennsylvania, as trustee, upon its railway extending from Jacksonville to near Mt.

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Appeals from the Circuit Court of tlie United States for tlie South.ern District of Illinois. These appeals present the question whether the amount allowed the special master for his' service in tlie sale of tlie railway in question was excessive. Tlie Jacksonville, Louisville & St. Louis Railway Company on May 1, 1890, executed its mortgage or trust deed to the Finance Committee of Pennsylvania, as trustee, upon its railway extending from Jacksonville to near Mt. Vernon, in the state of Illinois, a distance of 112 miles. The trust deed was given to secure bonds to the amount of $1,880,000,…

1Opinion of the Court

JENKINS, Circuit Judge,

after stating tlie facts, delivered tlie opinion of tlie court.

The eighty-second rule in equity prescribed by the supreme court provides that “the compensation to be allowed to every master in chancery, for his services in any particular case shall be fixed by the circuit court in its discretion, having regard to all the circumstances thereof.” Our review of the decree complained of is therefore necessarily limited to the question whether the discretion of the court has been improvidently exercised. A master in chancery occupies, *527it is true, a position of responsibility…

2Cases cited2 opinions

  1. Middleton v. Barkers' & Merchants' Tel. Co.United States Circuit Court · 1887
  2. Erie Ry. Co. v. HeathU.S. Circuit Court for the District of Southern New York · 1872

3Cited by10 opinions

  1. Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1922
  2. In re Columbia Iron WorksDistrict Court, E.D. Michigan · 1904
  3. Illinois Watch-Case Co. v. Elgin Nat. Watch Co.Court of Appeals for the Seventh Circuit · 1899
  4. Aetna Casualty & Surety Co. v. American Surety Co.Court of Appeals for the Fourth Circuit · 1933
  5. In Re Insull Utility Investments, Inc.District Court, N.D. Illinois · 1933

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