Brooks v. O'Hara Bros.
United States Circuit Court
Bill in equity brought to set aside a decree in favor of respondents, establishing a mechanic’s lien upon the Burlington & Southwestern Railway for $39,763.26, heretofore rendered in this court.
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Bill in equity brought to set aside a decree in favor of respondents, establishing a mechanic’s lien upon the Burlington & Southwestern Railway for $39,763.26, heretofore rendered in this court. The material allegations of the bill arc the following: “Your orators represent and show to the court that heretofore, to-wit, about 1870, the Burlington & Southwestern Bailway Company, a corporation in Iowa, constructing, owning, and operating a railroad in Iowa and Missouri, by a certain deed of trust, duly and legally executed, conveyed its railroad property and franchises to your orators and one…
1Opinion of the Court
McCraey, G. J.
1. The bill does not allege with sufficient particularity that the decree which is sought to be set aside was obtained by fraud.
It alleges in general terms that there was. nothing due the respondents on their claim, and it is averred that “the amount sued for by them was for a claimed balance unpaid, which your orators charge was fraudulent, and that no such balance was due, and that the money paid by said railway company, as aforesaid, more than paid respondents for all the work they had ever done for said railway.”
It is further alleged that “said supposed balance was made to…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Pearce v. OlneySupreme Court of Connecticut · 1850
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Kent v. RicardsHigh Court of Chancery of Maryland · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Spurgeon v. RhodesIndiana Supreme Court · 1906
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- State ex rel. Wolferman v. Superior CourtWashington Supreme Court · 1894
- Moore v. New York Cotton ExchangeCourt of Appeals for the Second Circuit · 1923
- In re United Wireless Telegraph Co.District Court, D. Maine · 1912
9 more not listed; retrieve them via the Exa API.