Legal Opinion

McKittrick v. Arkansas Central Railway Co.

Supreme Court of the United States

Decided March 19, 1894No. 248PublishedCited by 11 opinions

APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This appeal brought up the final decree of the Circuit Court of the United States for the Eastern District of Arkansas, sustaining a demurrer to a bill filed by the appellant, and dismissing such bill for want of equity. The appellant, who was the plaintiff below, was a citizen of G-reat Britain.

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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This appeal brought up the final decree of the Circuit Court of the United States for the Eastern District of Arkansas, sustaining a demurrer to a bill filed by the appellant, and dismissing such bill for want of equity. The appellant, who was the plaintiff below, was a citizen of G-reat Britain. He sued on behalf of himself and all holders of bonds issued to the Arkansas Central Railway Company by the State of Arkansas, under the provisions of an act of the general assembly of that State, entitled “ An…

1Opinion of the CourtJustice Harlan

1. The principal question in this case is whether the acts of July 21, 1868, and April 10, 1869,. taken together, created any lien upon the property of a railroad company for whose benefit state bonds were issued.' That question was determined in Tompkins v. Fort Smith Railway Co., 125 U. S. 109, 126, 127.

After observing that if the statutes in question, read in the light of the circumstances attending their passage, disclosed an intention to charge the road of any company to which bonds were issued with liability for the repayment of any loan to it, a court of equity should enforce that…

2Cases cited3 opinions

  1. Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
  2. Wadsworth v. SupervisorsSupreme Court of the United States · 1881
  3. Tompkins v. Little Rock & Fort Smith RailwaySupreme Court of the United States · 1888

3Cited by11 opinions

  1. McClean v. BradleyDistrict Court, N.D. Ohio · 1922
  2. Rothchild v. Memphis & C. R.Court of Appeals for the Sixth Circuit · 1902
  3. Standard Cotton Seed Oil Co. v. Excelsior Refining Co.Supreme Court of Louisiana · 1902
  4. Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
  5. McClean v. BradleyCourt of Appeals for the Sixth Circuit · 1924

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