Wabash & Erie Canal v. Beers
Supreme Court of the United States
' Appeal from the Circuit Court of the United States for the district of Indiana. Beers filed his bill in the Circuit Court, averring inter alia that the defendants, as trustees of the Wabash an I Erie canal, had certain moneys in their hands, arising from the sales of land and from tolls on the canal; that he, the complainant, had a lien on the proceeds of the land and upon the tolls, of which lien the defendants had notice, but refused to satisfy it.
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' Appeal from the Circuit Court of the United States for the district of Indiana. Beers filed his bill in the Circuit Court, averring inter alia that the defendants, as trustees of the Wabash an I Erie canal, had certain moneys in their hands, arising from the sales of land and from tolls on the canal; that he, the complainant, had a lien on the proceeds of the land and upon the tolls, of which lien the defendants had notice, but refused to satisfy it. The bill prayed a decree that the defendants pay to the plaintiff the amount so due to him on a day to be named by the court, and that, in…
1Opinion of the CourtChief Justice Taney
This decree is final. It is decisive of the case made upon the record. It is positive, and not alternative. It leaves no question of right between the parties open for future adjudication. The decree orders the money to be brought into court within a limited time, and the court warns the defendants that if they fail or make default a particular measure will be taken to compel obedience. There is no want of finality here.
The motion is denied.
2Cited by7 opinions
- Bennett v. ThorneWashington Supreme Court · 1904
- City of Des Moines v. Des Moines Water Co.Court of Appeals for the Eighth Circuit · 1916
- Dufour v. LangCourt of Appeals for the Fifth Circuit · 1892
- Myers & Waterson v. Hunter Erwin & Co.Ohio Supreme Court · 1851
- August v. SorsbyLouisiana Court of Appeal · 1884
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