Legal Opinion

Paxson v. Cunningham

Court of Appeals for the First Circuit

Decided June 26, 1894No. 91PublishedCited by 8 opinions

Appeal from the Circuit Court of the United states for the District of Massachusetts. This was a petition by Edivard M. Paxson and others, receivers of the Philadelphia & Reading Railroad Company, for an injunction against Milford T. .Cunningham, to restrain the prosecution of a libel in admiralty. The circuit court sustained a demurrer to the petition, and a decree dismissing the petition was entered thereon. The petitioners appealed.

1Opinion of the Court

GRAY', Circuit Justice.

This was a petition by the receivers of the property of the Philadelphia & Reading Railroad Company for an injunction to restrain the prosecution of a libel in admiralty against a steamship in their possession. The. allegations of ttie petition were, in substance, as follows:

On February 20, 1803, the petitioners were appointed, by decree in equity of the circuit court of the United States for the eastern district of Pennsylvania, receivers of the Philadelphia & Reading Railroad Company, a, corporation of Pennsylvania, and of all its railroads, canals, collieries, boats,…

2Cases cited10 opinions

  1. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  2. The Max MorrisSupreme Court of the United States · 1890
  3. Moran v. SturgesSupreme Court of the United States · 1894
  4. The J. E. RumbellSupreme Court of the United States · 1893
  5. McNulta v. LochridgeSupreme Court of the United States · 1891

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3Cited by8 opinions

  1. New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
  2. The PhilomenaDistrict Court, D. Massachusetts · 1911
  3. Clark v. ChandlerCourt of Appeals for the Ninth Circuit · 1895
  4. The Herbert L. RawdingDistrict Court, E.D. South Carolina · 1944
  5. The CascoDistrict Court, D. Massachusetts · 1916

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