Legal Opinion

Pope v. Board of Com'rs

U.S. Circuit Court for the District of Indiana

Decided September 8, 1892No. 7,681Published

In Equity. Suit by Charles E. Pope, as receiver of the Chicago & South Atlantic Railroad Company, against the board of county commissioners of Lake County, Ind., the Chicago & Indianapolis Air Line Railroad Company, the Louisville, New Albany & Chicago Railway Company, and the Indianapolis, Delphi & Chicago Railroad Company, praying to be awarded the sum of $14,000 by way of subrogation.

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In Equity. Suit by Charles E. Pope, as receiver of the Chicago & South Atlantic Railroad Company, against the board of county commissioners of Lake County, Ind., the Chicago & Indianapolis Air Line Railroad Company, the Louisville, New Albany & Chicago Railway Company, and the Indianapolis, Delphi & Chicago Railroad Company, praying to be awarded the sum of $14,000 by way of subrogation. Heard on demurrer to an intervening petition filed by Cedar Creek and West Creek townships and William T. Singleton.

1Opinion of the Court

Baker, District Judge.

This is a suit brought by Pope, as receiver of the Chicago & South Atlantic Railroad Company, against the above-named defendants, to be awarded, by way of subrogation, the sum of $14,000. The money so sought to be subrogated was raised by a tax voted by the legal voters of Cedar Creek and West Creek townships, in Lake county, Ind., to aid the Chicago & Indianapolis Air Tine Railroad Company in constructing its line of railway into and through said townships. The fund so sought to be subrogated is in the registry of the court. On leave granted, Cedar Creek and West Creek…

2Cases cited10 opinions

  1. Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
  2. Columbus, Chicago, & Indiana Central Railway Co. v. PowellIndiana Supreme Court · 1872
  3. Nugent v. the SupervisorsSupreme Court of the United States · 1874
  4. Indianapolis, Cincinnati & Lafayette Railroad v. JonesIndiana Supreme Court · 1868
  5. Paine v. Lake Erie & Louisville RailroadIndiana Supreme Court · 1869

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