Pacific Railroad v. Ketchum
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of. Missouri. This case presents the following facts: — On the 10th of July, 1875, the Pacific Railroad, a Missouri corporation, mortgaged its road and other property to Henry F. Yail and James D. Fish, trustees, citizens of New York, to secure a proposed issue of bonds amounting, in the aggregate, to $4,000,000. This mortgage will hereafter be referred to as the “ third mortgage.”
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Appeal from the Circuit Court of the United States for the Eastern District of. Missouri. This case presents the following facts: — On the 10th of July, 1875, the Pacific Railroad, a Missouri corporation, mortgaged its road and other property to Henry F. Yail and James D. Fish, trustees, citizens of New York, to secure a proposed issue of bonds amounting, in the aggregate, to $4,000,000. This mortgage will hereafter be referred to as the “ third mortgage.” The bonds were to bear date as of May 1, 1875, and become payable twenty years thereafter, with interest at the rate of seven per cent,…
1Opinion of the CourtChief Justice Waite
The first question with which.we are met is one of jurisdiction. It is contended on the part of the appellees that a consent decree in the Circuit Court cannot be appealed from, but we do not so understand the law. ’ Sect. 692 of the Revised Statutes provides that an appeal shall be allowed from all final decrees in the circuit courts^ &c., when the matter in dispute exceeds $5,000, and that this court “ shall receive, hear, and determine such appeals.” This makes appeals to this court, within the prescribed limits, a matter of right, and requires us, when they are taken, to hear and decide…
2Cases cited1 opinion
- Meyer v. Construction CompanySupreme Court of the United States · 1879
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