Swan v. Wright
U.S. Circuit Court for the District of Southern Alabama
In equity. Bill of review. The Alabama &Chattanooga Railroad Company, by authority of a decree of this court, made on January 23, 1874, was, on December 4. 1870, by the masters appointed for that purpose, sold tc Johu T. Wilder and D. C. McMillen, who, on March 30, 1877, transferred their bid and purchase to the complainant, John Swan, and on June 30, 1877. a decree of this court was made confirming said sale, and substituting the complainant as purchaser in the stead of…
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In equity. Bill of review. The Alabama &Chattanooga Railroad Company, by authority of a decree of this court, made on January 23, 1874, was, on December 4. 1870, by the masters appointed for that purpose, sold tc Johu T. Wilder and D. C. McMillen, who, on March 30, 1877, transferred their bid and purchase to the complainant, John Swan, and on June 30, 1877. a decree of this court was made confirming said sale, and substituting the complainant as purchaser in the stead of said Wilder and McMillen. The sale was made for the price of 8600.000, and the property was sold subject to the lien of…
1Opinion of the Court
WOODS, Circuit Judge.
This is the first time that the defendants have brought to the notice of the court the fact that no security for costs had been given'by the complainant. The defendants have answered, the complainant has replied, and an immense mass of testimony has been taken at great cost and expense. The English rule on this subject of security for the costs is without question substantially the rule by which this court is to be governed. The fifth of Lord Bacon’s ordinances provided that no bill of review should be put in except the party that preferred it entered into recognizances,…
2Cases cited3 opinions
- Wiser v. BlachlyNew York Court of Chancery · 1817
- Swann v. Wright'sSupreme Court of the United States · 1884
- Lavange v. BurkeSupreme Court of Alabama · 1873