Chattanooga, R. & C. R. v. Evans
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court: of the United States for the Eastern District of Tennessee. ' This was a bill by H. Clay Evans against the Chattanooga, Borne & Columbus Railroad Company and others, to subject certain railroad property to the payment of a judgment.
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Appeal from the Circuit Court: of the United States for the Eastern District of Tennessee. ' This was a bill by H. Clay Evans against the Chattanooga, Borne & Columbus Railroad Company and others, to subject certain railroad property to the payment of a judgment. The circuit court found in favor of the complainant’s claim, and, the property having been attached and then replevied by defendants, a decree was pronounced against all the parties to the replevin bond, from which decree they have appealed. The Chattanooga, Rome & Columbus Railroad Company is a corporation of the state of Georgia.…
1Opinion of the CourtLurton, Circuit Judge
The decree of the circuit court seems to have been rested upon two propositions: First. That the sale and transfer of the Chattanooga, Rome & Columbus Railroad Company was fraudulent and void as to the creditors of that company, and the property conveyed subject to attachment. Second. That the obligation of the several replevy bonds executed to secure the discharge of the attached property from the custody of the court was such that the obligors therein were absolutely liable for the amount of the claim of each attaching creditor, and that this liability could not be discharged by the return…
2Cases cited33 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- National Bank v. MatthewsSupreme Court of the United States · 1879
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
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3Cited by30 opinions
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- Rogers v. Nashville, C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1898
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
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