Central Trust Co. of New York v. Georgia Pac. Ry. Co.
U.S. Circuit Court for the Northern District of Georgia
This was a petition'of intervention b,y J. M. Brooks and others in the foreclosure suit brought by the Central Trust Company of New York against the Georgia Pacific Railway Company. The interveners set up an alleged contractor’s lien under the Mississippi si a lute, against certain parts of the road, which they claimed was superior to the lien of the mortgage bonds.
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This was a petition'of intervention b,y J. M. Brooks and others in the foreclosure suit brought by the Central Trust Company of New York against the Georgia Pacific Railway Company. The interveners set up an alleged contractor’s lien under the Mississippi si a lute, against certain parts of the road, which they claimed was superior to the lien of the mortgage bonds. The cause was heard on exceptions to the report of the special master, which is here set out in full: By an order of the circuit court of the United States for the Northern district of Georgia, the above-staled intervention was…
1Opinion of the Court
NEWMAN, District Judge.
The able and complete report of the special master renders unnecessary any elaborate discussion of this case in disposing of the exceptions filed by the interveners to the report. I am satisfied that, if the interveners had any lien at all, it is not more extensive than that stated by the special master; that is, upon the work done and improvements made by these contractors. It was stated in the argument for the interveners that the special master did not give a lien upon the embankment thrown up and constructed by the contractors, but this is not sustained by an…
2Cases cited8 opinions
- Marsden v. . CornellNew York Court of Appeals · 1875
- Porter v. DementIllinois Supreme Court · 1864
- St. John v. CongerIllinois Supreme Court · 1866
- Lewis v. BairdU.S. Circuit Court for the District of Ohio · 1842
- Clyde v. Richmond & D. R.U.S. Circuit Court for the Northern District of Georgia · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Central Trust Co. v. Georgia Pac. Ry. Co.Court of Appeals for the Fifth Circuit · 1898