Legal Opinion

Ex Parte Railroad Co.

Supreme Court of the United States

Decided October 29, 1877PublishedCited by 43 opinions

Petition for a writ of mandamus to the Circuit Court of the United States for'the Middle District of Alabama. The facts important to the determination of this case are as follows: — The Montgomery and Enfaula Railroad Company, in 1860, borrowed $30,000 from the Staté of Alabama, and executed a mortgage upon its property and franchises to secure the payment.

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Petition for a writ of mandamus to the Circuit Court of the United States for'the Middle District of Alabama. The facts important to the determination of this case are as follows: — The Montgomery and Enfaula Railroad Company, in 1860, borrowed $30,000 from the Staté of Alabama, and executed a mortgage upon its property and franchises to secure the payment. Afterwards, the State indorsed bonds of the company to the amount of $1,280,000, and a statutory lien was created-upon the same property and franchises as further security for. the bonds. In 1870, the company issued a series of' bonds .to…

1Opinion of the CourtChief Justice Waite

This petition for a mandamus is resisted, upon the general ground that the South and North Alabama Railroad .Company cannot appeal, because its rights are not injuriously affected by the decree. That company was a party to each of the suits consolidated for the purposes of the decree. It was, therefore, a party to the consolidated suit, and entitled to be heard upon the pleadings as they stood before the consolidation, since no •change in that particular was ordered or deemed necessary by the court. Among the pleadings in the Strang suit, thus brought into the consolidated suit, was the…

2Cases cited2 opinions

  1. Ayres v. CarverSupreme Court of the United States · 1855
  2. Cross v. De ValleSupreme Court of the United States · 1863

3Cited by43 opinions

  1. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  2. Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
  3. City and County of Denver v. New York Trust Co.Supreme Court of the United States · 1913
  4. Ex Parte BuderSupreme Court of the United States · 1926
  5. Attorney General of Utah v. PomeroyUtah Supreme Court · 1937

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