Hamlin v. Toledo, St. L. & K. C. R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. The Toledo, St. Louis & Kansas City Railroad Company is an insolvent railroad corporation. In May, 1883, certain unsecured creditors filed a bill in the circuit court of the United States, at Cleveland, Ohio, for the purpose of winding it up and distributing all of its assets justly among its creditors.
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Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. The Toledo, St. Louis & Kansas City Railroad Company is an insolvent railroad corporation. In May, 1883, certain unsecured creditors filed a bill in the circuit court of the United States, at Cleveland, Ohio, for the purpose of winding it up and distributing all of its assets justly among its creditors. This first bill was a general insolvent bill, and was professedly filed for the benefit of all creditors, secured and unsecured. A number of other general creditors subsequently joined…
1Opinion of the CourtLurton, Circuit Judge
The allowance or denial of the application of a stranger to be admitted as a party defendant to a pending suit in equity rests in the sound discretion of the chancellor. The denial of such an application is not such a final decree as is the subject of appeal, under section 692 of the Revised Statutes. Such an application is a mere motion in the case, made by one not a party, and is not of itself an independent suit in equity, appealable here. Ex parte Cutting, 94 U. S. 14; Toler v. Railway Co., 67 Fed. 168; Lewis v. Railroad Co., 10 C. C. A. 446, 62 Fed. 218. It follows, therefore, that if no…
2Cases cited13 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Ex Parte CuttingSupreme Court of the United States · 1877
- Warren v. KingSupreme Court of the United States · 1883
- Lockhart v. Van AlstyneMichigan Supreme Court · 1875
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Continental Insurance v. United StatesSupreme Court of the United States · 1922
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Gaskill v. Gladys Belle Oil Co.Court of Chancery of Delaware · 1929
- Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
- Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.Court of Appeals for the Fourth Circuit · 1933
62 more not listed; retrieve them via the Exa API.