Grand Island & W. C. R. v. Sweeney
Court of Appeals for the Eighth Circuit
Appeals from tbe Circuit Court of the United States for the District of South Dakota. These four suits were instituted by the appellee, Sweeney, to foreclose four certain and different mechanics’ liens for powder and explosives furnished by him to subcontractors for the construction of certain sections of the railroad of the appellant the Grand Island & Wyoming Central Railroad Company.
Read the full summary
Appeals from tbe Circuit Court of the United States for the District of South Dakota. These four suits were instituted by the appellee, Sweeney, to foreclose four certain and different mechanics’ liens for powder and explosives furnished by him to subcontractors for the construction of certain sections of the railroad of the appellant the Grand Island & Wyoming Central Railroad Company. The defendants in the first two cases, Nos. 1,212 and 1,213, are the railroad company whose property was alleged to be subject to the lien; John Fitzgerald and David Fitzgerald, co-partners under the firm name…
1Opinion of the CourtAdams, District Judge
It was held in the former opinion that upon the face of the record the several subcontractors had such an interest in the decrees as required their joinder in the appeals, or a showing of opportunity given them to so join. The correctness of this holding is challenged by learned counsel, for the appellants, and attention is called, among other things, to the fact that service was made on the subcontractors by publication only, and that, as a consequence, no personal liability was or could have been decreed against them. This fact was not disclosed by the transcript of the record as originally…
2Cases cited17 opinions
- Masterson v. HerndonSupreme Court of the United States · 1870
- Hardee v. WilsonSupreme Court of the United States · 1892
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Brewster v. WakefieldSupreme Court of the United States · 1860
- Gilfillan v. McKeeSupreme Court of the United States · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- The New YorkCourt of Appeals for the Sixth Circuit · 1900
- Taylor v. Logan Trust Co.Court of Appeals for the Eighth Circuit · 1923
- Crouch v. Dakota, W. & M. R. R.South Dakota Supreme Court · 1908
- Marshall Field & Co. v. Wolf & Bro. Dry Goods Co.Court of Appeals for the Eighth Circuit · 1903
10 more not listed; retrieve them via the Exa API.