Trust Co. of America v. Chicago, P. & St. L. Ry. Co. of Illinois
District Court, S.D. Illinois
In Equity. Suit by the Trust Company of America against the Chicago, Peoria & St. Eouis Railway Company of Illinois. On intervening petition of John P. Ramsey and IT M. Merriam, receivers of defendant, against W. H. Stead, Attorney General, of Illinois, and others. On final hearing on exceptions to master’s report.
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In Equity. Suit by the Trust Company of America against the Chicago, Peoria & St. Eouis Railway Company of Illinois. On intervening petition of John P. Ramsey and IT M. Merriam, receivers of defendant, against W. H. Stead, Attorney General, of Illinois, and others. On final hearing on exceptions to master’s report. Prior to the 1st of July, 1909, the Trust Company of America filed, a bill against the Chicago, Peoria & St. Louis Railway Company of Illinois, to foreclose a mortgage upon a railroad. John P. Ramsey and H. M. Merriam were appointed receivers of the railway by order of July 1,…
1Opinion of the CourtSanborn, District Judge
(after stating the facts as above). [1] A technical question of jurisdiction was raised in the former Circuit Court by demurrer, and later by answer to the effect that the receivers’ injunction petition was not ancillary to the foreclosure suit, because the subject-matter of the petition is wholly unrelated to the subject-matter of the bill. The demurrer was overruled by the Circuit Court, upon the authority of Ex parte Young, 209 U. S. 123, 144, 28 Sup. Ct. 441, 52 L. Ed. 714, 13 L. R. A. (N. S.) 932, 14 Ann. Cas. 764, holding that a federal question is raised in suits like this, and Compton…
2Cases cited10 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Chicago, Milwaukee & St. Paul Railway Co. v. TompkinsSupreme Court of the United States · 1900
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Shepard v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1911
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3Cited by2 opinions
- Cobb v. SerticCourt of Appeals for the Sixth Circuit · 1914
- Horvath v. PitneyDistrict Court, D. New Jersey · 1943