Railroad Companies v. Chamberlain
Supreme Court of the United States
Railroad Companies v. Chamberlain, 73 U.S. 748 (1868)
18 L. Ed. 859; 6 Wall. 748; 1867 U.S. LEXIS 1021
Railroad Companies v. Chamberlain
Opinion
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.
Reference
- Cited By
- 25 cases
- Status
- Published
- Syllabus
- Where a bill was filed by a Wisconsin railroad company to set aside a judgment, and a lease in the nature of a mortgage to secure tbe same, and another railroad corporation created by the same State, having become equitable owner of the lease and mortgage, was admitted as defendant, and also filed a cross-bill to have the judgment enforced, the Circuit Court dismissed the original bill on the merits, and also dismissed the cross-bill for want of jurisdiction, the parties being all citizens of the same State: Held, that this latter decree was erroneous; the proceeding being merely ancillary to the judgment in the Circuit- Court, which could only be enforced in that court.