In re Michigan Cent. R. Co.
Court of Appeals for the Sixth Circuit
Petition for Writ of Mandamus. This is an application for a mandamus to the' Circuit Court of the United States for the Eastern District of Michigan, to compel the allowance of an appeal from its decree.
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Petition for Writ of Mandamus. This is an application for a mandamus to the' Circuit Court of the United States for the Eastern District of Michigan, to compel the allowance of an appeal from its decree. The facts necessary to be stated are as follows: In 1881 the Farmers’ Loan & Trust Company, as trustee under a mortgage made to secure bonds issued by the Detroit & Bay City Railway Company, obtained a decree for the sale of the mortgaged railroad for the satisfaction of the bonds so secured. One Addison Mandell was appointed master to sell, and he did sell, the said railroad, and, by…
1Opinion of the CourtLurton, Circuit Judge
- The appeal in this case should have been allowed. It may be that the Michigan Central Railroad Company was not originally a party to the foreclosure suit of the Farmers’ Loan & Trust Company against the Detroit & Bay City Railroad Company. That it subsequently became a party by intervention for the purpose of obtaining r’elief in respect of a part of the purchase price of the railroad sold under the decree in that cause is undeniable. Under that intervention the petitioner made the bond and gave the collateral security out of which has grown the clerk’s claim for the compensation adjudged…
2Cases cited35 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Forgay v. ConradSupreme Court of the United States · 1848
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- United States v. Brig Malek AdhelSupreme Court of the United States · 1844
- Ex Parte CuttingSupreme Court of the United States · 1877
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3Cited by23 opinions
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
- Harris v. Twentieth Century-Fox Film CorporationCourt of Appeals for the Second Circuit · 1943
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Walling v. Norfolk Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1947
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