Chicago, Indianapolis & Louisville Railway Co. v. McGuire
Supreme Court of the United States
ERROR TO THE APPELLATE COURT OF THE STATE OE INDIANA. This was a suit in the nature of a bill in equity instituted in the Circuit Court for Pulaski County, by the railroad company, to quiet its title to certain land, and for an injunction. The case was tried before a jury and a verdict returned for the defendants, under instructipn of the court.
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ERROR TO THE APPELLATE COURT OF THE STATE OE INDIANA. This was a suit in the nature of a bill in equity instituted in the Circuit Court for Pulaski County, by the railroad company, to quiet its title to certain land, and for an injunction. The case was tried before a jury and a verdict returned for the defendants, under instructipn of the court. Both parties claimed title through the Louisville, New Albany and Chicago .Railway Company — plaintiff in error, which was also plaintiff below, through certain mortgages given by the New Albany Company in 1886, 1890 and 1894, which were foreclosed in…
1Opinion of the CourtJustice Brown
Motion is made to dismiss this writ of error upon two grounds, (1) That the supposed Federal question was not set up and claimed until too late. (2) That there is no Federal question in the case.
The motion must be sustained upon the first ground. The Federal question now put forward by the plaintiff is that the Appellate Court failed to give full faith and credit to the foreclosure decree made by the Circuit Court of the United States and the sale in pursuance thereof, in refusing to hold that the mortgages foreclosed by said decree covered and included in .their description of the property…
2Cases cited11 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- Missouri Pacific Railway Co. v. FitzgeraldSupreme Court of the United States · 1896
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Street v. New YorkSupreme Court of the United States · 1969
- Memphis Natural Gas Co. v. BeelerSupreme Court of the United States · 1942
- Bailey v. AndersonSupreme Court of the United States · 1945
- Hiawassee River Power Co. v. Carolina-Tennessee Power Co.Supreme Court of the United States · 1920
- Cox v. TexasSupreme Court of the United States · 1906
11 more not listed; retrieve them via the Exa API.