Milwaukie & Minnesota Railroad v. Soutter
Supreme Court of the United States
A decree had been made some time since in this court, against the La Crosse and Milwaukie, and the Milwaukie and Minnesota Railroad Companies, the road being then in the hands of a receiver,, on a bill in equity, filed in the Federal court of Wisconsin, to foreclose a mortgage, given by the former company on its road, &c., to two persons, named Bronson and Soutter (of whom the former was now dead), to secure certain bonds which the former road had issued, on which the…
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A decree had been made some time since in this court, against the La Crosse and Milwaukie, and the Milwaukie and Minnesota Railroad Companies, the road being then in the hands of a receiver,, on a bill in equity, filed in the Federal court of Wisconsin, to foreclose a mortgage, given by the former company on its road, &c., to two persons, named Bronson and Soutter (of whom the former was now dead), to secure certain bonds which the former road had issued, on which the interest was unpaid. The mandate to the court below, ¿an thus: “It is-ordered that this cause be .remanded, &c., with…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court, announcing that the order in question was a decree, and was a final decree, from which any party aggrieved by supposed error in finding the amount of interest, or in omitting to ascertain and apply to the reduction or discharge of interest the amount of moneys in the hands of the receiver or receivers, might appeal. The ruling of this..court in Perkins v. Fourniquet, cited by the appellant’s counsel, was a full and direct sanction to this conclusion.
Motion, denied.
Note.
For greater caution, Mr. Carpenter, before this motion was heard, had…
2Cited by1 opinion
- Milwaukie and Minnesota Railroad Company and Fleming v. Soutter, SurvivorSupreme Court of the United States · 1865