Bank of Bellows Falls v. Rutland & Burlington Railroad
Supreme Court of Vermont
Appeal from the court of chancery. The defendants, with the exception of the Rutland and Burlington Railroad Company, were set up as residents of Massachusetts, and service was made upon Henshaw and Thatcher, by leaving a copy with Dugald Stewart, as their appointed and authorized agent, at Rutland in this states and upon Lee, by leaving a copy with him at Roxbury, Mass.
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Appeal from the court of chancery. The defendants, with the exception of the Rutland and Burlington Railroad Company, were set up as residents of Massachusetts, and service was made upon Henshaw and Thatcher, by leaving a copy with Dugald Stewart, as their appointed and authorized agent, at Rutland in this states and upon Lee, by leaving a copy with him at Roxbury, Mass. The following abstract of the bill sufficiently sets forth its general nature and object, in addition to what appears, in reference to it, in the opinion of the court. November 16, 1853, the Rutland and Burlington Railroad…
1Opinion of the Court
The opinion of the couyt was delivered, at the circuit session in October, by
Bennett, J.
The facts charged in the bill are quite briefly recapitulated in the abstract furnished to the court, which may be referred to, as well as the prayer of the bill. The case shows that all the defendants appeared and demurred to the bill, upon the ground that it contains no matter whereon a court of chancery can ground a decree, or give the complainants any relief or assistance. The bill seeks to have the deed of surrender declared void, and that Lee, Iienshaw and Thatcher may be perpetually enjoined from…
2Cases cited5 opinions
- Smith v. McIverSupreme Court of the United States · 1824
- Mitchell v. BunchNew York Court of Chancery · 1831
- Gridley v. Garrison & FormanNew York Court of Chancery · 1834
- Mitchell v. OakleyNew York Court of Chancery · 1838
- Bicknell v. FieldNew York Court of Chancery · 1840
3Cited by38 opinions
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Greenberg v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1926
- Adams v. Mercantile Trust Co.Court of Appeals for the Fifth Circuit · 1895
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1873
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