Legal Opinion

Manhattan Trust Co. v. Sioux City Cable Ry. Co.

U.S. Circuit Court for the District of Northern Iowa

Decided May 28, 1895PublishedCited by 5 opinions

This was a suit by the Manhattan Trust Company against the Sioux City Cable Eailway Company to foreclose a mortgage. C. A. Hunger-ford intervened, claiming priority over the mortgage for a judgment recovered by him.

1Opinion of the Court

SHIRAS, District Judge.

The question presented by the petition of the intervener is whether a judgment, rendered against a street-railway company for personal injuries, has priority over the lien of a mortgage upon the corporate property; or, in other words, are street railways to be included within the words “any railway corporation,” as the same are used in section 2008, McClain’s Code Iowa, which declares' that “a judgment against any railway corporation for any injury to any person or property, shall be a lien within the county where recovered on the property of such corporation, and such…

2Cases cited3 opinions

  1. City of Clinton v. Clinton & Lyons House Railway Co.Supreme Court of Iowa · 1873
  2. Williams v. City Electric Street Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
  3. Sears v. Marshalltown Street R'y Co.Supreme Court of Iowa · 1885

3Cited by5 opinions

  1. Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  2. Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
  3. McKivergan v. Alexander & Edgar Lumber Co.Wisconsin Supreme Court · 1905
  4. Daly Bank & Trust Co. v. Great Falls Street Railway Co.Montana Supreme Court · 1905
  5. Omaha & C. B. St. Ry. Co. v. Interstate Commerce CommissionU.S. Circuit Court for the District of Nebraska · 1910

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