Mausel v. New York, Chicago & St. Louis Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 233, Jan. T., 1895, by defendant, from order of C. P. Erie Co., May T., 1883, No. 184, discharging rule to stay writ of fieri facias. Rule to stay writ of fieri facias.
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Appeal, No. 233, Jan. T., 1895, by defendant, from order of C. P. Erie Co., May T., 1883, No. 184, discharging rule to stay writ of fieri facias. Rule to stay writ of fieri facias. Before Gunnison, P. J. From the record it appeared that The New York, Chicago & St. Louis Railway Company was an incorporated railroad extending from Buffalo, in the state of New York, to Chicago in the state of Illinois, and had executed its mortgage deed to The Union Trust Company of New York, and Charles A. O. McClellan, trustees, to secure its bonds, aggregating $10,000,000. Said company having failed to pay…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Debby Mausel obtained a judgment in the court of common pleas of Erie county against the New York, Chicago & St. Louis Railway Company, and by virtue of a writ of fieri facias issued thereon levied upon, and advertised for sale, its roadbed, right of way, depots, grounds, sidings, etc., in said county, together with its franchises. The case is now before us on the appeal of the defendant company from an order of the court below discharging a rule to show cause why the proceedings on the fi. fa. should not be stayed or set aside. As the record stands the material…
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