Thornton v. Marginal Freight Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed February 2,1877, against the Marginal Freight Railway Company and the Union Freight Railroad Company, alleging that the plaintiff, at July term 1875 of the Superior Court for the county of Suffolk, recovered judgment against the Marginal Freight Railway Company, for money due from it to him before May 6, 1872, upon which judgment execution was duly issued, and remained unsatisfied; that the charter of the Marginal Freight Railway Company was repealed or…
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Bill in equity, filed February 2,1877, against the Marginal Freight Railway Company and the Union Freight Railroad Company, alleging that the plaintiff, at July term 1875 of the Superior Court for the county of Suffolk, recovered judgment against the Marginal Freight Railway Company, for money due from it to him before May 6, 1872, upon which judgment execution was duly issued, and remained unsatisfied; that the charter of the Marginal Freight Railway Company was repealed or attempted to be repealed, by the St. of 1872, e. 842, passed May 6, 1872, at which time it owned certain railroad…
1Opinion of the CourtGray, C. J.
The bill is framed upon the theory that the plaintiff has recovered a .valid judgment against the Marginal Freight Railway Company; that that company has a claim for damages for the taking of its tracks by the Union Freight Railroad Company; and that the interest of the former company in this claim cannot be come at to be attached or taken on execution in a suit at law against it, and should therefore be applied in equity to the payment of the plaintiff’s judgment debt. The *34difficulties in the way of maintaining this bill appear to us to be insuperable.
The St. of 1867, c. 170, by which the…
2Cases cited7 opinions
- Curran v. ArkansasSupreme Court of the United States · 1853
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Bacon v. RobertsonSupreme Court of the United States · 1856
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