Railroad Companies v. Chamberlain
Supreme Court of the United States
These were two appeals from the Circuit Coupt for the District of Wisconsin; one by the Milwaukee and Minnesota Railroad Company against Chamberlain, the other by the Milwaukee and St. Paul Railroad Company against both the parties to the other case.
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These were two appeals from the Circuit Coupt for the District of Wisconsin; one by the Milwaukee and Minnesota Railroad Company against Chamberlain, the other by the Milwaukee and St. Paul Railroad Company against both the parties to the other case. In the first ease the bill of complaint was filed by the Milwaukee and Minnesota Railroad Company against Chamberlain, to set aside a lease executed to him by the La Crosse and Milwaukee Railroad on the 26th September, 1857, of their road, with the intent to hinder and delay their creditors; and, also, to set aside a judgment which the company…
1Opinion of the CourtJustice Nelson
delivered the opinion of the .court
We think that the court erred in dismissing the cross-bill. It was filed for the purpose of enforcing the judgment, which was in the Circuit Court, and could be tiled in no other court, and was but ancillary to and dependent upon the original suit — an appropriate proceeding for the purpose of obtaining satisfaction. The lease was in the nature of a mortgage, and held only as collateral security, and followed the judgment. *
The decree in the first suit must be affirmed, and that in the second reversed, and the cause remitted to the court be-: low to enter a…
2Cited by25 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Chicago, Milwaukee & St. Paul Railway Co. v. Third National Bank of ChicagoSupreme Court of the United States · 1890
- Howard v. Railway Co.Supreme Court of the United States · 1880
- Johnson v. ChristianSupreme Court of the United States · 1888
- Springfield Milling Co. v. Barnard & Leas Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
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