Boston, Concord & Montreal Railroad v. Boston & Lowell Railroad
Supreme Court of New Hampshire
Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court.
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Thebe actions, originally entered in the trial term. The first and second are bills in equity, and the third is a real action. The first haying been removed to the circuit court of the United States, they were all entered and tried in the law term of this court, under the following agreement: Merrimack ss. Supreme Court. June Law Term, 1888. Boston, Concord & Montreal R. R. v. Boston & Maine R. R., Boston & Lowell R. R. It is agreed,— I. That the bill in equity (lease case, so called), now pending-in the United States circuit court, be at once remanded to the New Hampshire supreme court; that…
1Dissent
This is a real action. No formal plea has been filed; but, by agreement of the parties stated in oral argument, the facts alleged in the answers of the defendants to the plaintiff's bill in chancery, so far as material to their defence in this action, are to be treated as if formally pleaded. The actions were heard and submitted together. The defendants, in their answers, in substance set forth the instrument of June 22, 1887, deny that the Lowell assigned its estate or parted with the possession or control of the plaintiff's road to the Maine, and aver that the Lowell is the owner of the…
2Cases cited55 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Division of Howard CountySupreme Court of Kansas · 1875
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- The People v. . SnyderNew York Court of Appeals · 1869
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
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