Legal Opinion

Wheelwright v. St. Louis, N. O. & O. Canal Transp. Co.

U.S. Circuit Court for the District of Eastern Louisiana

Decided May 25, 1893No. 12,034PublishedCited by 5 opinions

In Equity. Bill by William 3). Wheelwright against the St. Louis, New Orleans & Ocean Oanal Transportation Company to foreclose a mortgage given to secure an issue of bonds. A demurrer for want of jurisdiction, and a plea to the jurisdiction, were heretofore overruled. 50 Fed. Rep. 700. Decree for complainant.

1Opinion of the Court

BILLINGS, District Judge.

This cause is submitted on the bill, answer, depositions, and exhibils for final decree. It is a bill to foreclose a mortgage.

The .defendant corporation was incorporated under the laws of the state of New Jersey, and was there domiciled. The charter of the corporation gives full power to execute the mortgage.

It is urged — First. That some of the directors did not reside in the state of New Jersey. Whatever force there might have been in this objection in case the state liad brqught a quo warranto against the corporation, there is no force in it in this proceeding. The…

2Cases cited2 opinions

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  2. Railroad Co. v. OrrSupreme Court of the United States · 1873

3Cited by5 opinions

  1. Turner v. Metropolitan Trust Co.Court of Appeals for the Ninth Circuit · 1913
  2. Samuels v. MeyerovitzAppellate Court of Illinois · 1933
  3. Copper Belle Mining Co. v. CostelloArizona Supreme Court · 1909
  4. Atlantic Trust Co. v. Woodbridge Canal & Irrigation Co.U.S. Circuit Court for the District of Northern California · 1897
  5. Chapman v. Schiller, JudgeUtah Supreme Court · 1938

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