Western Pennsylvania Railroad v. Johnston
Supreme Court of Pennsylvania
Writs of error to the Court of Common Pleas of Westmoreland county: No. 149, to October and November Term 1868. 1. The North Western Railroad Company was incorporated on the 9th of February 1853, under the general railroad law of 1849. On the 1st of July 1856 the company, under the authority of an Act of Assembly, executed a mortgage on their whole road, all its rights, franchises, &c., to Andrew M. Eastwick and others, trustees, to secure bonds for $1,000,000, issued by the…
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Writs of error to the Court of Common Pleas of Westmoreland county: No. 149, to October and November Term 1868. 1. The North Western Railroad Company was incorporated on the 9th of February 1853, under the general railroad law of 1849. On the 1st of July 1856 the company, under the authority of an Act of Assembly, executed a mortgage on their whole road, all its rights, franchises, &c., to Andrew M. Eastwick and others, trustees, to secure bonds for $1,000,000, issued by the company. To August Term 1857, on the application of James R. Johnston, the defendant in error, viewers were appointed…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Agnew, J.
This is a scire facias quare exeeutio non, issued by James R. Johnston, a landowner, upon a judgment obtained in 1857, against the North Western Railroad Company, now, with notice to the Western Pennsylvania Railroad Company, claiming the rights and interests of the North Western Railroad Company in the land appropriated, for damages recovered in a proceeding to assess damages under the 11th section of the General Railroad Act of 1849.
The North Western Railroad Company executed a mortgage to trustees of its whole road and…
2Cases cited6 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
- Dalzell v. LynchSupreme Court of Pennsylvania · 1842
- Ridge Turnpike v. StoeverSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fry v. StetsonSupreme Court of Pennsylvania · 1952
- Fleck v. Universal-Cyclops Steel Corp.Supreme Court of Pennsylvania · 1959
- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
- Campbell v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
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