Express Co. v. Railroad Co.
Supreme Court of the United States
Appeal from tbe Circuit- Court of the United States for the Western District of North Carolina. This is a bill in equity, filed June 18, 1875, by the Southern Express Company, a corporation of Georgia, against the Western North Carolina Railroad. Company, a corporation of North Carolina, W. A. Smith, and Henry Clews, for the specific performance of a contract entered into Dec. 2, 1865, between the railroad company and the complainant.
Read the full summary
Appeal from tbe Circuit- Court of the United States for the Western District of North Carolina. This is a bill in equity, filed June 18, 1875, by the Southern Express Company, a corporation of Georgia, against the Western North Carolina Railroad. Company, a corporation of North Carolina, W. A. Smith, and Henry Clews, for the specific performance of a contract entered into Dec. 2, 1865, between the railroad company and the complainant. The bill alleges that the railroad company was organized for the purpose of constructing a railroad from Salisbury, North Carolina, to a point on the Tennessee…
1Opinion of the CourtJustice Swayne
The bill avers that it was filed against the receiver appointed by the court below, that he was in possession of the railroad, and that the institution of the suit was by the consent of the court. Without this latter fact the bill could not have been filed or maintained.' The suit would have been a contempt of the court which had appointed the receiver, and punishable as such. Davis v. Cray, 16 Wall, 203.
The citizenship of the complainant corporation is sufficiently averred. Express Company v. Kountz Brothers, 8 id. 342. Such a complainant need not prove its existence, unless the fact is…
2Cases cited3 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Barr v. LapsleySupreme Court of the United States · 1816
3Cited by81 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Rust v. ConradMichigan Supreme Court · 1882
76 more not listed; retrieve them via the Exa API.