Gettysburg Railroad
Supreme Court of Pennsylvania
Appeal from Nisi Prius, In Equity: No. 35, to January Term 1869. This was a bill filed, December 15th 1868, by George Swope, trustee, &c., under a mortgage of the Gettysburg Railroad Company and Caleb S. Maltby, a holder of bonds secured by the mortgage against the Gettysburg Railroad Company, Robert McCurdy, sequestrator of the road, &c., and Matthew Baird and others, judgment-creditors of the company.
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Appeal from Nisi Prius, In Equity: No. 35, to January Term 1869. This was a bill filed, December 15th 1868, by George Swope, trustee, &c., under a mortgage of the Gettysburg Railroad Company and Caleb S. Maltby, a holder of bonds secured by the mortgage against the Gettysburg Railroad Company, Robert McCurdy, sequestrator of the road, &c., and Matthew Baird and others, judgment-creditors of the company. The Gettysburg Railroad Company was incorporated, March 24th 1850, to construct a railroad from Gettysburg to York. By a supplement passed the 5th of April 1853, the company were authorized to…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Agnew, J.
The objection that the Supreme Court has not original jurisdiction in this case is unfounded. The Act of 11th April 1862, Pamph. L. 477, declares that this court “ shalFhave and exercise all the powers and jurisdiction of a court of chancery in all eases of mortgages given by corporations.” This power has been so often exercised in the sale of railroads, and interests of so much magnitude hang upon our decrees, the public *296would be surprised to learn that this act is unconstitutional. It falls, however, within the express terms…
2Cases cited2 opinions
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- M'Kinney v. RhoadsSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Gordon v. Mohawk Bond & Mortgage Co.Supreme Court of Pennsylvania · 1934
- Bruckman Lumber Co. v. Pittsburgh InsuranceSupreme Court of Pennsylvania · 1932
- Harrison Bros. & Co. v. Hartley, Pennsylvania Court of Common Pleas, Montgomery County1936