Legal Opinion

Alabama & G. Manuf'g Co. v. Robinson

Court of Appeals for the Fifth Circuit

Decided January 14, 1896No. 426PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Northern District of Georgia. This was a suit in equity by J. J. Robinson, trustee, agamst the Alabama & Georgia Manufacturing Company, the Huguley Manufacturing Company, and William T. Huguley, to foreclose a trust deed given by the first-mentioned company. A demurrer to the bill was overruled (48 Fed. 12), and a decree of foreclosure was entered.

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Appeal from the Circuit Court of the United States for the Northern District of Georgia. This was a suit in equity by J. J. Robinson, trustee, agamst the Alabama & Georgia Manufacturing Company, the Huguley Manufacturing Company, and William T. Huguley, to foreclose a trust deed given by the first-mentioned company. A demurrer to the bill was overruled (48 Fed. 12), and a decree of foreclosure was entered. An appeal was allowed to defendants, but was not prosecuted, and no supersedeas bond was given within the time allowed by law. Afterwards, however, an appeal was taken without supersedeas,…

1Opinion of the Court

McCORMICK, Circuit Judge.

This case was before us at a former term. The proceedings in it up to that hearing are sufficiently staled in the report of our decision. Manufacturing Co. v. Robinson, 13 U. S. App. 359, 6 C. C. A. 80, 56 Fed. 690. We affirmed tlie action of the circuit court in overruling the demurrers to the bill; in bolding that such default had been made in the payment of interest as entitled (lie holders of the bonds to declare them mature and obtain foreclosure and sale. But, as it appeared that a considerable number of the holders had waived this default by subsequently…

2Cases cited3 opinions

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  2. First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
  3. Alabama & G. Manuf'g Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1893

3Cited by7 opinions

  1. In Re Pure Penn Petroleum Co., Inc. In Re SheehanCourt of Appeals for the Second Circuit · 1951
  2. Rowley v. DavisCalifornia Supreme Court · 1915
  3. Bowling Green Trust Co. v. Virginia Passenger & Power Co.U.S. Circuit Court for the District of Eastern Virginia · 1908
  4. Huguley Mfg. Co. v. Galeton Cotton MillsCourt of Appeals for the Fifth Circuit · 1899
  5. Robinson v. Alabama & G. Mfg. Co.District Court, N.D. Georgia · 1898

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