Cutting v. Tavares, O. & A. R.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Florida. This was a suit for foreclosure by William Bayard Cutting against the Tavares, Orlando & Atlantic Railroad Company, in which the Florida Central & Peninsular Railroad Company intervened.
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Appeal from the Circuit Court of the United States for the Northern District of Florida. This was a suit for foreclosure by William Bayard Cutting against the Tavares, Orlando & Atlantic Railroad Company, in which the Florida Central & Peninsular Railroad Company intervened. William Bayard Cutting, as trustee, brought suit In the circuit court against the Tavares, Orlando & Atlantic Railroad Company to foreclose a mortgage-on thirty-two miles of road In Orange county, state of Florida. The mortgage was given to secure the payment of two hundred and fifty-six (256) bonds of one thousand…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). A motion was made to dismiss the appeals in this case on the ground that the certificate of the cleric of the circuit court to the transcript of record is insufficient The certificate of" the cleric, appended to the transcript, is:
“That the foregoing papers, numbered from 1 to 215, both inclusive, is a true, full, and complete transcript of so much of the said record, papers, exhibits, and proceedings in the said cause of W. Bayard Cutting, as trustee, v. The Tavares, Orlando and Atlantic Railroad Company as now appears,, and is of file and of record in my office;…
2Cases cited2 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Goddard v. OrdwaySupreme Court of the United States · 1880
3Cited by7 opinions
- Klein v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1905
- Fordyce v. Omaha, Kansas City & E. R. R.U.S. Circuit Court for the District of Western Missouri · 1906
- Sanders v. WiseWest Virginia Supreme Court · 1914
- Low v. BlackfordCourt of Appeals for the Fourth Circuit · 1898
- West Frankfort Building & Loan Ass'n v. DorrisAppellate Court of Illinois · 1930
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