Adelbert College of Western Reserve University v. Wabash R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. The questions here involved arose under intervening petitions filed in the consolidated mortgage foreclosure suits, styled “Jessup & Knox v. Wabash, St Louis & Pacific Railway and Others.” The interveners are the same who prosecuted their claims in the state courts of Ohio to a decree in accordance with their insistence.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. The questions here involved arose under intervening petitions filed in the consolidated mortgage foreclosure suits, styled “Jessup & Knox v. Wabash, St Louis & Pacific Railway and Others.” The interveners are the same who prosecuted their claims in the state courts of Ohio to a decree in accordance with their insistence. Upon a writ of error from the Supreme Court of the United States, the decree was reversed for want of jurisdiction in the state court over the roads sought to be subjected; the property…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). It must be conceded that Compton’s claim to a lien upon the Ohio division of the Toledo & Wabash Railway, when asserted by him in the suit of Jessup & Knox v. Wabash, St. Louis & Pacific Railway Company, stood upon a very different footing from that of the appellants, who now assert a lien against the same division. That the appellants are holders of some of the same class of bonds as those upon which Compton’s original claim rested is true; but Compton’s claim of lien was adjudicated in his individual suit by the Supreme Court of Ohio. See Compton v.…
2Cases cited27 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Forsyth v. HammondSupreme Court of the United States · 1897
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
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3Cited by9 opinions
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Missouri v. AngleCourt of Appeals for the Eighth Circuit · 1916
- United States Telephone Co. v. Central Union Telephone Co.Court of Appeals for the Sixth Circuit · 1913
- Kardo Co. v. AdamsCourt of Appeals for the Sixth Circuit · 1916
- Central R. Co. of New Jersey v. Mayor of Jersey CityDistrict Court, D. New Jersey · 1912
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