Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COÜRT OE THE UNITED STATES FOR THE WESTERN DISTRICT OF WISOONSIN. This was an appeal from a decree of the Circuit Court of the United States for the Western District of Wisconsin dismissing plaintiff’s bill. The bill was filed on the 23d of May, 1888, against the Chicago, Portage and Superior Railway Company, the Chicago, St. Paul, Minneapolis and Omaha'Railway Company and the Farmers’ Loan and Trust Company.
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APPEAL FROM THE CIRCUIT COÜRT OE THE UNITED STATES FOR THE WESTERN DISTRICT OF WISOONSIN. This was an appeal from a decree of the Circuit Court of the United States for the Western District of Wisconsin dismissing plaintiff’s bill. The bill was filed on the 23d of May, 1888, against the Chicago, Portage and Superior Railway Company, the Chicago, St. Paul, Minneapolis and Omaha'Railway Company and the Farmers’ Loan and Trust Company. The Chicago, St. Paul, Minneapolis and Omaha Railway Company was the only defendant served with process. It appeared, and, on the 28th of July, filed a demurrer…
1Opinion of the Court
MR. Justioe Brewer,
after stating the .case, delivered the opinion of the court.
That which attracts notice on even a casuaí reading of the bill —the truth of all the allegations in which must be taken, upon this record, to be admitted by the demurrer • — • is the fact that, while Angle was actively engaged in -executing a contract which he had with the Portage Company- — -a contract whose execution had proceeded so far that its successful completion within the time necessary to secure to the Portage Company its land grant was assured, and when neither he nor the Portage Company -was moving or…
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