Jacksonville, T. & K. W. Ry. Co v. American Construction Co.
Opinion of the Court
The certificate of the clerk, authenticating the transcript in this case, is sufficient. See Pennsylvania Co. for Insurance on Lives and for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co., 2 U. S. App. 606, 5 C. C. A. 53, 55 Fed. Rep. 131.
“A decree by a circuit court of the United States, directing that the complainant he paid his> costs and expenses out of the fund in court, — the fund in the mean time remaining in the court, in course of administration, — is, pro tanto, a final decree, from which, if the amount be sufficient, an appeal will lie.” Trustees v. Greenough, 105 U. S. 527. “When many persons have a common interest in a trust property or fund, and one of them, for the benefit of all, and at bis own cost and expense, brings a suit for its preservation or administration, the court of equity in which the
The motion to dismiss the appeal is overruled, and the order appealed from is reversed, with costs.
Reference
- Full Case Name
- JACKSONVILLE, T. & K. W. RY. CO. v. AMERICAN CONST. CO.
- Cited By
- 8 cases
- Status
- Published