RAILROAD COMPANIES
v.
CHAMBERLAIN

U.S. | 1867-12-01
6 Wall. 748 Supreme Court of the United States (1867) Positive Treatment
Also reported at: 18 L. Ed. 859 · 1867 U.S. LEXIS 1021 · SCDB 1867-061
Cited by 14 cases
Opinion of the Court
Mr. Justice NELSON

Mr. Justice NELSON delivered the opinion of the .court

We think that the court erred in dismissing the cross-bill. It was filed for the purpose of enforcing the judgment, which was in the Circuit Court, and could be tiled in no other court, and was but ancillary to and dependent upon the original suit — an appropriate proceeding for the purpose of obtaining satisfaction. The lease was in the nature of a mortgage, and held only as collateral security, and followed the judgment.*

The decree in the first suit must be affirmed, and that in the second reversed, and the cause remitted to the court be-: low to enter a decree

In conformity with this opinion.

*

Freeman v. Howe et al., 24 Howard, 451.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dickey v. Turner, 49 F.2d 998 (6th Cir. 1931)
    …e. The existence of such a power, independent of statutory jurisdiction, is recognized by the supreme court in Freeman v. Howe, 24 How. 450 [16 L. Ed. 749]; Minnesota Co. v. St. Paul Co., 2 Wall. 609-633 [17 L. Ed. 886]; Railroad Co. v. Chamberlain, 6 Wall. 748 [18 L. Ed. 859]; Krippendorf v. Hyde, 110 U. S. 276, 4 S. Ct. 27 [28 L. Ed. 145]; Pac. R. Co. of Missouri v. Missouri Pac. Ry. Co., 111 U. S. 505, 4 S. Ct. 583 [28 L. Ed. 498]; Stewart v. Dunham, 115 U. S. 61, 5 S. Ct. 1163 [29 L. Ed. 329]; Phelps…
  • Johnson v. Christian, 125 U.S. 642 (U.S. 1888)
    …no significance. Freeman v. Howe, 24 How. 450, and cases cited; Stone v. Bishop, 4 Clifford, 597; Dunn v. Clarke, 8 Pet. 1; O’Brien County v. Brown, 1 Dillon, 588; St. Luke’s Hospital v. Barclay, 3 Blatchford, 262; Railroad Companies v. Chamberlain, 6 Wall. 748; Jones v. Andrews, 10 Wall. 327.” On the 14th of May, 1888, Mr. Justice Blatchford delivered the opinion of the court. In this case, on the 16th of April last, this court made a decreé reversing with costs thé decree of the Oircúit Court and reman…
  • Howard v. Ry. Co., 101 U.S. 837 (U.S. 1879)
    …eeding to enforce the lien of the judgment under which the defendants claim title, both by the Circuit Court and the Supreme Court in three appeals here, as evidenced by the reported decisions of this court. Railroad Companies v. Chamberlain, [*848] 6 Wall. 748; Railroad Company v. James, id. 750; James et al. v. Railroad Company, id. 752. Judicial recognitions of the kind are repugnant to the theory of the plaintiff, to which it may be added that it was the new company that was in possession of the prope…

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