Legal Opinion

Andrews v. Smith

United States Circuit Court

Decided February 22, 1881PublishedCited by 8 opinions

In Equity. Demurrer and plea to jurisdiction.

1Opinion of the Court

Wheeler, D. J.

The defendants, citizens of Vermont, are trustees and representatives of trustees under the first mortgage of the Vermont Central Railroad, who have been in possession, after a default of payment, of that and the Vermont & Canada Railroad, (subject to a prior lien upon the income of both roads,) to secure the payment of rent to the Vermont & Canada Railroad Company.

The orators, citizens of Massachusetts, are holders and *834owners of the first mortgage bonds, and bring this bill, alleging in substance that the defendants, as such trustees, have received from the income of the roads…

2Cases cited18 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Peck v. JennessSupreme Court of the United States · 1849
  3. Payne v. HookSupreme Court of the United States · 1869
  4. STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
  5. Buck v. ColbathSupreme Court of the United States · 1866

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3Cited by8 opinions

  1. Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
  2. Southern Loan & Trust Co. v. BenbowDistrict Court, W.D. North Carolina · 1899
  3. Hickox v. ElliottUnited States Circuit Court · 1886
  4. De La Vergne Refrigerating Mach. Co. v. Palmetto Brewing Co.U.S. Circuit Court for the District of South Carolina · 1896
  5. Burt v. KeyesU.S. Circuit Court for the District of Northern Ohio · 1861

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