Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. Idem
Supreme Court of the United States
These cases come here from the Circuit Court of the United States for the District of Iowa, — the former by appeal, and the latter by writ of error. In 1857, the Des Moines Valley Railroad Company, by its then corporate name, in order to secure the payment of its bonds, executed to certain trustees a-mortgage of-its-road, property, and franchises, “together with the tolls, rents, and profits to be had, gained, or levied therefrom.”
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These cases come here from the Circuit Court of the United States for the District of Iowa, — the former by appeal, and the latter by writ of error. In 1857, the Des Moines Valley Railroad Company, by its then corporate name, in order to secure the payment of its bonds, executed to certain trustees a-mortgage of-its-road, property, and franchises, “together with the tolls, rents, and profits to be had, gained, or levied therefrom.” One of the provisions of this mortgage was as follows : — “ It is hereby further provided, that until failure to pay the interest on said bonds, or to pay the…
1Opinion of the Court
• Mr. Justice Swayne
delivered the opinion of the court.
These cases have been argued together, and will be decided together. The case at law will be first considered.
On the 24th of May, 1872, the telegraph company recovered in the Circuit Court of the United States for the District of Iowa a judgment for the sum of $23,734.04 and costs. On the 13th of June following, execution was issued. On the 17th of that month, the marshal .to whom the process was directed served it Tby attaching as garnishees several persons, one of whom was Coykendall, the plaintiff in error. On the 27th of October,…
2Cases cited4 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Kearney v. CaseSupreme Court of the United States · 1871
- Phillips v. PrestonSupreme Court of the United States · 1846
- City of Bath v. MillerSupreme Judicial Court of Maine · 1863
3Cited by105 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Teal v. WalkerSupreme Court of the United States · 1884
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Bond v. DustinSupreme Court of the United States · 1884
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