Legal Opinion

Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.

Court of Appeals for the Second Circuit

Decided November 8, 1897No. 7PublishedCited by 9 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the Prescott & Arizona Central Railway Company against the Atchison, Topeka & Santa F6 Railroad Company and others.

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In Error to the Circuit Court of the United States for the Southern District of New York. This was an action at law by the Prescott & Arizona Central Railway Company against the Atchison, Topeka & Santa F6 Railroad Company and others. On January 8, 1890, the following order was entered by the court below: “The issues herein raised by the complaint, and the answers of the defendant John J. McCook, in Ms individual capacity, and as receiver of the Atchison, Topeka & Santa Fé Railroad Company, and as receiver of the Atlantic & Pacific Railroad Company, and as trustee of the Prescott & Arizona.…

1Opinion of the Court

PEE CUEIAM.

The decision of the circuit court entered January 6, 1896, ordered the dismissal of the complaint, with costs to be taxed, and that judgment be entered accordingly. 73 Fed. 438. It was signed by the judge who heard the cause, and entered by the clerk on that date. Nothing further was necessary to a final and complete disposition of the action. The circumstance that the costs were not taxed and the amount inserted in the judgment is not material. It was essentially a final judgment (Fowler v. Hamill, 139 U. S. 549, 11 Sup. Ct. 663; Tuttle v. Claflin, 13 C. C. A. 281, 66 Fed. 7;…

2Cases cited3 opinions

  1. Fowler v. HamillSupreme Court of the United States · 1891
  2. Prescott & A. C. R. v. Atchison, T. & S. F. R.U.S. Circuit Court for the District of Southern New York · 1896
  3. Tuttle v. ClaflinCourt of Appeals for the Second Circuit · 1895

3Cited by9 opinions

  1. Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
  2. The WashingtonCourt of Appeals for the Second Circuit · 1926
  3. United States v. NordbyeCourt of Appeals for the Eighth Circuit · 1935
  4. Sosa v. Royal BankCourt of Appeals for the First Circuit · 1943
  5. Staples v. BarclaySupreme Court of Colorado · 1902

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