Legal Opinion

Wabash Railroad v. Adelbert College of the Western Reserve University

Supreme Court of the United States

Decided March 9, 1908No. 40PublishedCited by 15 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. After the decision in this case, reported 208 U. S. 38, the defendants in error petitioned for a rehearing and moved, if that were denied, that the judgment be modified: The substance of the motion was stated by counsel to be that the judgment should be modified “by specifically directing that the Supreme Court of Ohio affirm so much of the judgment of the Circuit Court of Lucas County, Ohio, as finds and adjudicates the…

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ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. After the decision in this case, reported 208 U. S. 38, the defendants in error petitioned for a rehearing and moved, if that were denied, that the judgment be modified: The substance of the motion was stated by counsel to be that the judgment should be modified “by specifically directing that the Supreme Court of Ohio affirm so much of the judgment of the Circuit Court of Lucas County, Ohio, as finds and adjudicates the rights of these defendants in error,' and each of them, against the property and parties in said cause, as set forth in the…

1Opinion of the CourtJustice Moody

In the original decision of this cause we treated the proceeding in the state court as one whose sole direct purpose was to procure a sale of the railroad property in satisfaction of the lien which the holders of the equipment bonds asserted against it. We assumed that the judgment of the state court was one for the sale of the' property, -and that the adjudication of the amounts due the plaintiffs below, 'and of the existence of the lien claimed, were merely incidental and preliminary to the judgment ordering the sale. Believing, for the reasons given in the opinion, that such a judgment was…

2Cases cited1 opinion

  1. Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885

3Cited by15 opinions

  1. Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
  2. Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  3. Galbraith v. Robson-Hilliard Grocery Co.Court of Appeals for the Eighth Circuit · 1914
  4. International & G. N. Ry. Co. v. AdkinsDistrict Court, S.D. Texas · 1926
  5. Hardin v. Union Trust Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1911

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