Legal Opinion

Sharp v. Danville, Mocksville & Southwestern Railroad

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 14 opinions

This was a motion to vacate certain judgments, heard by MacRae, J., at Greensboro, November 6, 1886. It appears that a cause in equity was pending in the Circuit Court of the United States in and for the Western District of North Carolina, wherein the Richmond and AVest Point Terminal Railway and Warehouse Company were the complainants, and the Danville, Mocksville and Southwestern Railroad Company and others were defendants.

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This was a motion to vacate certain judgments, heard by MacRae, J., at Greensboro, November 6, 1886. It appears that a cause in equity was pending in the Circuit Court of the United States in and for the Western District of North Carolina, wherein the Richmond and AVest Point Terminal Railway and Warehouse Company were the complainants, and the Danville, Mocksville and Southwestern Railroad Company and others were defendants. In that cause, on the 7th day of November, 1885, J. Turner Morehead was appointed receiver of the last named corporation, defendant, charged with authority and power to…

1Opinion of the Court

MeruiMON, C. J.:

The record presents no question as to the right of the appellant to have possession and control, as receiver, of the property of the defendant corporation; nor as to the rights of the complainants-in the cause in equity mentioned, pending in the Circuit Court of the United States, as against such defendant or its property; nor as to the authority of the last mentioned Court to take jurisdiction and dispose of such property for proper purposes in the cause mentioned pending therein; nor as to how the judgment in this action, which the appellant seeks to have set aside or…

2Cases cited3 opinions

  1. Davidson v. . AlexanderSupreme Court of North Carolina · 1881
  2. Davenport Morris v. . LearySupreme Court of North Carolina · 1886
  3. McAden v. . HookerSupreme Court of North Carolina · 1876

3Cited by14 opinions

  1. Brown v. TrentSupreme Court of Oklahoma · 1912
  2. Fowler v. FowlerSupreme Court of North Carolina · 1925
  3. Fowler v. . FowlerSupreme Court of North Carolina · 1925
  4. Brewer v. DodsonSupreme Court of Oklahoma · 1916
  5. Hill v. Pioneer Lumber Co.Supreme Court of North Carolina · 1893

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