City of Dawson v. Columbia Ave. Saving-Fund, Safe-Deposit, Title & Trust Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Georgia. The bill in this case was filed by the appellee, a corporation organized under the laws of Pennsylvania, as trustee for the holders of 80 first mortgage bonds, of $500 each, issued by the Dawson Waterworks Company, a Georgia corporation, against the city of Dawson, Ga., and the said Dawson Waterworks Company.
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Appeal from the Circuit Court of the United States for the Northern District of Georgia. The bill in this case was filed by the appellee, a corporation organized under the laws of Pennsylvania, as trustee for the holders of 80 first mortgage bonds, of $500 each, issued by the Dawson Waterworks Company, a Georgia corporation, against the city of Dawson, Ga., and the said Dawson Waterworks Company. The mayor, aldermen, and marshal, all citizens of Georgia, are formally made defendants. It is shown by the record that the city council of the city of Dawson on the 21st day of February, 1890,…
1Opinion of the Court
MAXEY, District Judge,
after stating the case, delivered the following opinion:
If the case is properly here on appeal, the merits of the controversy should be considered and determined. If, however, it is not properly in this court, the appeal should be dismissed. The appellate jurisdiction of this court in reference to interlocutory orders made by the circuit courts, refusing or granting injunctions, is limited by the amendatory act of February 18, 1895, to those cases “in which an appeal from a final decree may be taken under the provisions of this act to the circuit court of appeals.” Under…
2Cases cited17 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Scott v. DonaldSupreme Court of the United States · 1897
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- New Orleans v. BenjaminSupreme Court of the United States · 1894
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3Cited by2 opinions
- American Sugar Refining Co. v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1900
- Ex parte JacobiU.S. Circuit Court for the District of Eastern Louisiana · 1900