Anderson v. Condict
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. In January, 1837, Stephen D. Bayer filed his, creditors’ bill in the court below against the Englewood & Chicago Electric Street Railway Company to enforce payment of a certain judgment by him recovered against that company. Subsequently a suit was brought for the foreclosure of a mortgage given upon the railway to secure certain bonds.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. In January, 1837, Stephen D. Bayer filed his, creditors’ bill in the court below against the Englewood & Chicago Electric Street Railway Company to enforce payment of a certain judgment by him recovered against that company. Subsequently a suit was brought for the foreclosure of a mortgage given upon the railway to secure certain bonds. The two causes were consolidated, and G. H. Condict was appointed receiver, and empowered to continue the operation of the railroad, and to conduct its business in-the…
1Opinion of the CourtJenkins, Circuit Judge
If, as was said at the bar, the decision under review proceeded upon the ground that the petition of the appellant was not timely filed, the holding was erroneous. The time -limited by the decree of July 27, 1897, for the filing of claims had, indeed, expired before the filing of the appellant’s claim. That decree, however, did not provide for publication or notice of its requirement, and the omission was manifestly inadvertent. It is not to be presumed that the court designed, if it had the power, to cut off remedy without notice. This omission is supplied in the decree confirming the sale,…
2Cases cited2 opinions
- Ferguson v. ArthurSupreme Court of the United States · 1886
- Olcott v. HeadrickSupreme Court of the United States · 1891
3Cited by11 opinions
- Alfonso Valdes v. Jose M. Feliciano, TrusteeCourt of Appeals for the First Circuit · 1959
- St. Louis Union Trust Co. v. Texas Southern Railway Co.Court of Appeals of Texas · 1910
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Ball v. Improved Property Holding Co. of New YorkCourt of Appeals for the Second Circuit · 1917
- Reconstruction Finance Corp. v. Missouri-Kansas-Texas R. Co.Court of Appeals for the Eighth Circuit · 1941
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