Allen v. Dallas & W. R.
United States Circuit Court
[In equity. Suit by Thomas Allen and George H. Nettleton against the Dallas & Wichita Railroad (Jompany for foreclosure of mortgage.] Heard at chambers, on motion of defendants to vacate order for appointment of receiver. [Motion overruled.] On May 24, 1878, the complainants filed their bill, and moved at chambers, before the circuit judge, for the appointment of a receiver of the property and effects of the . defendant railroad company.
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[In equity. Suit by Thomas Allen and George H. Nettleton against the Dallas & Wichita Railroad (Jompany for foreclosure of mortgage.] Heard at chambers, on motion of defendants to vacate order for appointment of receiver. [Motion overruled.] On May 24, 1878, the complainants filed their bill, and moved at chambers, before the circuit judge, for the appointment of a receiver of the property and effects of the . defendant railroad company. Counsel appeared for the railroad company and the defendant Malcolm Henderson, who was a contractor for the construction of the railroad, and was alleged to…
1Opinion of the Court
WOODS, Circuit Judge.
1. The facts concerning notice to this company, of the, motion for the appointment of a receiver, were these: A notice was served on J. W. Calder, the vice-president of the company, on May 18, 1878, in the city of Dallas, Texas, where the principal office of the defendant railroad company was, during the absence from the city of W. H. Gaston, the president, and Calder authorized counsel to appear for the railroad company. The service of a notice upon the vice-president of the company, under these circumstances, was a good service upon the company, according to the…
2Cases cited9 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
- State v. Northern Central Railway Co.Court of Appeals of Maryland · 1862
- Callanan v. ShawSupreme Court of Iowa · 1865
- Whitehead v. WootenMississippi Supreme Court · 1871
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3Cited by3 opinions
- Hitner v. Diamond State Steel Co.U.S. Circuit Court for the District of Delaware · 1910
- Central Trust Co. of New York v. Worcester Cycle Mfg. Co.U.S. Circuit Court for the District of Connecticut · 1898
- Reneau v. LawlessSupreme Court of Kansas · 1909