Ex Parte Jordan
Supreme Court of the United States
Application for.a mandamus to the Circuit Court of the United States for the Southern District of New York, to compel the allowance of an appeal from its ■ decision.
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Application for.a mandamus to the Circuit Court of the United States for the Southern District of New York, to compel the allowance of an appeal from its ■ decision. The New York, Oswego, and Midland Railroad Company, July 1, 1869, executed a mortgage on its railroad, &c., to secure an issue of bonds amounting to 18,000,000. Stevens, Opdyke, & Hewitt, trustees under this mortgage, on or about Nov. 1, 1873, commenced a suit for its foreclosure in the Circuit Court of the United States for the Southern District of New York. To this suit the railroad company, Delos DeWolf, trustee, William H.…
1Opinion of the CourtChief Justice Waite
We think that an appeal should have been allowed in this case. The petitioners were defendants in the suit when the final decree was rendered. They'were directly interested in what was then decided. The allowance of an appeal under sect. 692, Rev. Stat., follows of course, if prayed for by one who has the right to it. The language of the statute is, “ shall be allowed,” which means “ must be allowed,” when asked for by one who stands in such relation to the cause that he can demand it. The question upon such an application is not what .will be gained by an appeal, but whether the party asking…
2Cited by35 opinions
- Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897
- Ex Parte BuderSupreme Court of the United States · 1926
- Brown v. Hecht Co.Court of Appeals for the D.C. Circuit · 1943
- Maharry v. EatmanSupreme Court of Oklahoma · 1911
- Ex Parte BuderSupreme Court of the United States · 1926
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