Louisville, Evansville & St. Louis Railroad v. Wilson
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. On the 30th day of December, 1884, Isaac T. Burr filed in the Circuit Court of the United States for the Southern Dis•trict of Illinois his bill of complaint against the Louisville, Evansville and St. Louis Railway Company; the Mercantil© Trust Company of New Tfork, trustee; Noble C. Butler, trustee ; and Robert A. Watts,-trustee.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. On the 30th day of December, 1884, Isaac T. Burr filed in the Circuit Court of the United States for the Southern Dis•trict of Illinois his bill of complaint against the Louisville, Evansville and St. Louis Railway Company; the Mercantil© Trust Company of New Tfork, trustee; Noble C. Butler, trustee ; and Robert A. Watts,-trustee. The bill set forth the fact. that the complainant was a judgment creditor of the railway company; and the others, trustees in deeds of trust given by ■the company.'.'…
1Opinion of the CourtJustice Brewer
We think the appeal was properly taken. At the time the order of August 10 was entered, the receiver, was not in possession ; he had surrendered the property more than nine months prior thereto. When he surrendered the property, he closed up his receivership. A decree against him was not personal, but official. It was not the contemplation of the court that anj’- personal liability should be cast upon him. He not only had no railroad "funds or property in his possession, out of which to pay this allowance, but he had no right to retake .that which he had surrendered. The reservation.made in…
2Cases cited3 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Vane v. NewcombeSupreme Court of the United States · 1889
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- Barnes v. AlexanderSupreme Court of the United States · 1914
- Ingersoll v. CoramSupreme Court of the United States · 1908
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