Lisman v. Knickerbocker Trust Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Eastern District of Michigan; Henry M. Swan, Judge. Suit by the Knickerbocker Trust Company against the Detroit, Toledo & Ironton Railroad Company. From two certain decrees and an order of confirmation entered on behalf of other interveners, Frederick J. Disman and others appeal.
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Appeals from the Circuit Court of the United States for the Eastern District of Michigan; Henry M. Swan, Judge. Suit by the Knickerbocker Trust Company against the Detroit, Toledo & Ironton Railroad Company. From two certain decrees and an order of confirmation entered on behalf of other interveners, Frederick J. Disman and others appeal. The Detroit, Toledo & Ironton Railroad Company, which is the successor of the Detroit Southern Railroad Company, was organized May 2, 1905, under the railroad laws of Michigan, the organization being effected through the investment brokerage firm of Hollins…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] The rule is well settled that an appellate court need not, and ordinarily will not, decide a question purely moot; that is to say, when, without the fault of the appellees, a situation has arisen by which the issues raised by the appeal have become dead, so making a decision by the appellate court thereon nugatory Upon the point whether the questions presented are in fact moot, the court may satisfy itself, if necessary, by extrinsic evidence. Mills v. Green, 159 U. S. 651, 16 Sup. Ct. 132, 40 L. Ed. 293; Jones v. Montague, 194 U. S. 147, 24 Sup. Ct.…
2Cases cited21 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Mills v. GreenSupreme Court of the United States · 1895
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
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3Cited by6 opinions
- Elkins v. First Nat. Bank of City of New YorkCourt of Appeals for the Fourth Circuit · 1930
- Gibson v. Board of SupervisorsArizona Supreme Court · 1919
- Pollitz v. Michigan Railroad CommissionMichigan Supreme Court · 1919
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1931
- American National Bank & Trust Co. v. Illinois Improvement & Building Corp.Appellate Court of Illinois · 1935
1 more not listed; retrieve them via the Exa API.