Legal Opinion

Jacksonville, T. & K. W. Ry. Co v. American Construction Co.

Court of Appeals for the Fifth Circuit

Decided June 5, 1893No. 87PublishedCited by 8 opinions

. Appeal from the Circuit Court of the United States for the Northern District of Florida. In Equity. Bill by the American Construction Company, on behalf of itself and snch other stockholders as might come in, against the Jacksonville, Tampa & Key West Railway Company, for an account, a receiver, and an injunction.

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. Appeal from the Circuit Court of the United States for the Northern District of Florida. In Equity. Bill by the American Construction Company, on behalf of itself and snch other stockholders as might come in, against the Jacksonville, Tampa & Key West Railway Company, for an account, a receiver, and an injunction. From an order granting EL Bisbee and C. D. Rinehart, complainant’s solicitors, $5,000, as an allowance for services rendered and to be rendered, defendant appeals. • The appellees Bisbee & Rinehart moved to dismiss the appeal on the ground that the transcript of the record was…

1Per curiam

The certificate of the clerk, authenticating the transcript in this case, is sufficient. See Pennsylvania Co. for Insurance on Lives and for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co., 2 U. S. App. 606, 5 C. C. A. 53, 55 Fed. Rep. 131.

“A decree by a circuit court of the United States, directing that the complainant he paid his> costs and expenses out of the fund in court, — the fund in the mean time remaining in the court, in course of administration, — is, pro tanto, a final decree, from which, if the amount be sufficient, an appeal will lie.” Trustees v. Greenough, 105 U. S.…

2Cases cited4 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  3. Hobbs v. McLeanSupreme Court of the United States · 1886
  4. Pennsylvania Co. for Insurance on Lives & for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co.Court of Appeals for the Fifth Circuit · 1893

3Cited by8 opinions

  1. Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  2. Farmers' Loan & Trust Co. v. GreenCourt of Appeals for the Fifth Circuit · 1897
  3. Rust v. United Waterworks Co.Court of Appeals for the Eighth Circuit · 1895
  4. Drain v. WilsonWashington Supreme Court · 1921
  5. Las Vegas Railway & Power Co. v. Trust Co.New Mexico Supreme Court · 1912

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