Mercantile Trust Co. v. Pittsburgh & W. R.
U.S. Circuit Court for the District of Western Pennsylvania
In Equity. Sur exceptions to master’s report on petition of John A. Verner for an order on receivers of Pittsburgh & Western Railroad Company to pay judgment for damages from construction of railroad, obtained by him in the court of common pleas of Allegheny county, Pennsylvania.
1Opinion of the CourtAcheson, J.
1. The appointment by this court of the receivers did not oust the jurisdiction which the court of common pleas had previously acquired of the proceedings against the railroad company instituted by *733the petitioner for the ascertainment of his damages, nor did it operate as a- stay thereof. Neither was the petitioner bound to bring in the receivers as defendants, as he ivas seeking no relief against them. It was tlieir business to intervene, and take defense, if they wished to do so. High, Rec. §§ 258-260; Tracy v. First Nat. Bank, 37 N. Y. 523. The master ivas therefore correct in his…
2Cases cited2 opinions
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
3Cited by13 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Seaboard Air Line Railway Co. v. DorseySupreme Court of Florida · 1932
- Halliburton v. Illinois Life Ins. Co.Supreme Court of Oklahoma · 1935
- Hatch v. Morosco Holding Co.Court of Appeals for the Second Circuit · 1927
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