United States Circuit Courts, 1884

Northern R. Co. of New Hampshire v. Ogdensburg & L. C. R. Co.

Northern R. Co. of New Hampshire v. Ogdensburg & L. C. R. Co.
United States Circuit Courts · Decided April 29, 1884 · Lowehl
20 F. 347; 1884 U.S. App. LEXIS 2210
Northern R. Co. of New Hampshire v. Ogdensburg & L. C. R. Co.

Opinion of the Court

Lowehl, J.

Both parties being of opinion that it is more regular to file a cross-bill than to bring up the proposed reformation of the *348contract by way of answer to the original bill in Ogdensburg & L. C. R. Co. v. Northern R. Co. of N. H. 5 Fed. Rep. 880, the plaintiffs in this case are hereby permitted to file their cross-bill, on terms that if they shall succeed in reforming the contract, and thereby prevail in the litigation, they shall, take no costs to this time, and shall pay the costs in the original suit up to this time.

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