Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. On the 26fckof June, 1880, the Pacific'Railroad (of Missouri), a Missouri corporation, filed a bill in equity, in the Circuit Court oí the United States for the Eastern District of Missouri, against the Missouri Pacific Railway Qonipany, another Missouri corporation, and various individual defendants, citizens of Missouri, Massachusetts and New York, and a New York corporation.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. On the 26fckof June, 1880, the Pacific'Railroad (of Missouri), a Missouri corporation, filed a bill in equity, in the Circuit Court oí the United States for the Eastern District of Missouri, against the Missouri Pacific Railway Qonipany, another Missouri corporation, and various individual defendants, citizens of Missouri, Massachusetts and New York, and a New York corporation. The main-object of the bill was to impeach and vacate, for alleged fraud in fact, a décree made by that court, June 6th, 1876,…
1Opinion of the CourtJustice Blatchford
He stated the facts in the foregoing language, and continued:
The Circuit Court, in its opinion, regarded the bill as an original bill to impeach the prior decreé for fraud, and not as a bill of review upon newly discovered facts and evidence. It held the bill to be insufficient, for want of an affirmative allegation that the plaintiff was ignorant, during the pendency of the original suit, of the facts set up in the bill, much less that it was unable, after due diligence, to ascertain and plead them. The court added: “ But the demurrer goes further, and raises the question whether the bill…
2Cases cited5 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
- Ensminger v. PowersSupreme Court of the United States · 1883
3Cited by111 opinions
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- United States v. BeggerlySupreme Court of the United States · 1998
- United States v. DenedoSupreme Court of the United States · 2009
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Root v. WoolworthSupreme Court of the United States · 1893
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