Williamson v. New Albany, etc., R.
U.S. Circuit Court for the District of Indiana
In equity. In his bill, the plaintiff states that the defendant owns, and has in operation, a line of railroad, commencing at New Albany, on the Ohio river, extending thence to Michigan City, on Lake Michigan, two hundred and eighty-eight miles; also a branch of said road, not yet in operation, extending from Gosport, in Owen county, to Indianapolis, of the length of forty-three miles; that in connection with the road and branch, the company lias in use a large amount of…
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In equity. In his bill, the plaintiff states that the defendant owns, and has in operation, a line of railroad, commencing at New Albany, on the Ohio river, extending thence to Michigan City, on Lake Michigan, two hundred and eighty-eight miles; also a branch of said road, not yet in operation, extending from Gosport, in Owen county, to Indianapolis, of the length of forty-three miles; that in connection with the road and branch, the company lias in use a large amount of rolling stock, consisting of locomotive engines ana cars of various descriptions; also various machine-shops for making and…
1Opinion of the Court
McLEAN, Circuit Justice.
It is objected that as the complainant, under the trust deed, has power to take possession of the property, this proceeding in chancery is unnecessary and ought not to be sustained.
If this exercise of power under the deed be admitted, it is not perceived that it may not be waived.
To strengthen the application for a receiver, the affidavits of Mr. Lane, the counsel, and Mr. Williamson, the trustee, are filed, and the last report of the railroad company.
Mr. Lane states, that he lately visited New Albany in Indiana, where the principle office of the company is…
2Cited by5 opinions
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- Glendinning v. CurrySupreme Court of Florida · 1943
- Cline v. LibbyWisconsin Supreme Court · 1879
- Merriam v. St. Louis, Cape Girardeau & Fort Smith Railway Co.Supreme Court of Missouri · 1896
- Pennsylvania Co. for Insurance on Lives & for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co.Court of Appeals for the Fifth Circuit · 1893