Legal Opinion

Pennsylvania Co. for Insurance on Lives & for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co.

Court of Appeals for the Fifth Circuit

Decided January 16, 1893No. 78PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the (Northern District of (Florida. In Equity. Suit by (lie -Pennsylvania Company for Insurance on (Lives and for Granting Annuities against the Jacksonville, Tampa St (Key West (Railway Company to foreclose a mortgage. The American Cons ton cticn Company hied a petition of intervention, praying that the temporary order appointing a receiver be set aside, ami that all further proceedings in the suit be stayed.

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Appeal from the Circuit Court of the United States for the (Northern District of (Florida. In Equity. Suit by (lie -Pennsylvania Company for Insurance on (Lives and for Granting Annuities against the Jacksonville, Tampa St (Key West (Railway Company to foreclose a mortgage. The American Cons ton cticn Company hied a petition of intervention, praying that the temporary order appointing a receiver be set aside, ami that all further proceedings in the suit be stayed. The circuit court granted the petition, and stayed the proceedings until further order. Complainant appeals.

1Opinion of the Court

MeCORMICK, Circuit Judge.

The appellee, the American Construction Company, moves to dismiss this appeal on the following grounds: (1) Because there is no properly authenticated transcript of the record filed in this court, as required by the rules thereof. (2) Because this court has no jurisdiction to entertain the appeal from the order appealed from. (3) Because it appears from the papers and pleadings on file in this court that the suit is a collusive one between the appellant and the defendant railway company. The language of the authentication in this case is “that the foregoing is a true,…

2Cases cited5 opinions

  1. Pullan v. Cincinnati & C. Air-Line R.U.S. Circuit Court for the District of Indiana · 1865
  2. Grant v. East & West R.Court of Appeals for the Fifth Circuit · 1892
  3. Williamson v. New Albany, etc., R.U.S. Circuit Court for the District of Indiana · 1857
  4. Tysen v. Wabash Ry. Co.U.S. Circuit Court for the Southern District of Illnois · 1878
  5. Union Trust Co. v. St. Louis, I. M. & S. R. Co.U.S. Circuit Court for the District of Eastern Missouri · 1877

3Cited by8 opinions

  1. Ferdinand v. Agricultural Ins. Co. of Watertown, NYSupreme Court of New Jersey · 1956
  2. Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
  3. Jacksonville, T. & K. W. Ry. Co v. American Construction Co.Court of Appeals for the Fifth Circuit · 1893
  4. Meyer v. Mansur & Tebbetts Implement Co.Court of Appeals for the Fifth Circuit · 1898
  5. Teller v. United StatesCourt of Appeals for the Eighth Circuit · 1901

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