Federal Trust Co. v. Bristol County Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 21, 1909, for the foreclosure of a trust mortgage on street railway property formerly owned by the defendant Bristol County Street Railway Company and later conveyed by receivers of that company to persons who conveyed it to the defendant Taunton and Pawtucket Street Railway Company, as stated in the opinion. The suit was referred to Thomas W. Proctor, Esquire, as master.
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Bill in equity, filed in the Superior Court on June 21, 1909, for the foreclosure of a trust mortgage on street railway property formerly owned by the defendant Bristol County Street Railway Company and later conveyed by receivers of that company to persons who conveyed it to the defendant Taunton and Pawtucket Street Railway Company, as stated in the opinion. The suit was referred to Thomas W. Proctor, Esquire, as master. After the filing of his report, the Taunton and Pawtucket Street Railway Company moved for a recommittal of the report to the master, and filed objections and exceptions to…
1Opinion of the CourtRugg, C. J.
This is a bill in equity brought in the Superior Court for the foreclosure of a trust mortgage upon a street railway property, securing an issue of $200,000 of the bonds of the Bristol County Street Railway Company.
The defendants attack the jurisdiction of the Superior Court, and assert that a proceeding like the present can be brought in the Supreme Judicial Court alone. Jurisdiction to foreclose a mortgage upon a railroad from the first until now has been vested exclusively in the Supreme Judicial Court. St. 1857, c. 178, § 5. Gen. Sts. c. 63, § 128. Pub. Sts. c. 112, § 70. R. L. c. Ill, §…
2Cases cited14 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
- Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Cheffee v. GeageahMassachusetts Supreme Judicial Court · 1925
- Virkshus v. VirkshusWisconsin Supreme Court · 1947
- In re SolomonDistrict Court, E.D. Pennsylvania · 1941
6 more not listed; retrieve them via the Exa API.