Railroad Companies v. Chamberlain

Supreme Court

Railroad Companies v. Chamberlain

73 U.S. 748, 18 L. Ed. 859, 6 Wall. 748, 1867 U.S. LEXIS 1021

Supreme Court of the United States·Decided March 16, 1868·Published·Cited by 25 cases

Opinion

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.

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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.

Railroad Companies v. Chamberlain, 73 U.S. 748, 18 L. Ed. 859, 6 Wall. 748, 1867 U.S. LEXIS 1021 (1868).

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Opinion

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