Covington Stock-Yards Co. v. Keith
Supreme Court of the United States
ORIGINAL MOTION IN A CASE PENDING ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. The trustees in a mortgage of the Kentucky Central ■ Railroad filed their bill in the Circuit Court of the United States for Kentucky to foreclose the mortgage, and the court appointed a receiver.
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ORIGINAL MOTION IN A CASE PENDING ON APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. The trustees in a mortgage of the Kentucky Central ■ Railroad filed their bill in the Circuit Court of the United States for Kentucky to foreclose the mortgage, and the court appointed a receiver. The defendants in error intervened, setting forth that they were engaged in the business of buying and selling live stock, and that they were the proprietors of stock yards near said railroad, and adjoining the stock yards of the Covington Stock-Yards Company, the plaintiff in error;…
1Opinion of the Court
.Mr. Chief Justice Waite
delivered the opinion of the court.
The .qualified acceptance of the bond given oh this appeal shows that the .judge who.took it considered the security only sufficient for a stay of. the execution of that part of the decree appealed from, which was for the payment of money. Under these circumstances the appeal only operates ■ as a supersedeas to that extent., As the appeal was taken within sixty days after the rendition- of the decree, Mr. Justice Matthews, the justice of this court, assigned to the Sixth Circuit, has power, under § 1007 of the Revised Statutes, to…
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