The Northern Indiana Railroad Company, and the Board of Commissioners For the Western Division of the Buffalo and Mississippi Railroad, Appellants v. the Michigan Central Railroad Company

Citation15 How. 233,56 U.S. 233,14 L.Ed. 674
PartiesTHE NORTHERN INDIANA RAILROAD COMPANY, AND THE BOARD OF COMMISSIONERS FOR THE WESTERN DIVISION OF THE BUFFALO AND MISSISSIPPI RAILROAD, APPELLANTS, v. THE MICHIGAN CENTRAL RAILROAD COMPANY
Decision Date01 December 1853
CourtUnited States Supreme Court

Rule 22. 'If any person, other than those named as defendants in the bill, shall appear to be necessary or proper parties thereto, the bill shall aver the reason why they are not made parties, by showing them to be without the jurisdiction of the court, or that they cannot be joined without ousting the jurisdiction of the court as to the other parties.' 1 Howard, 48.

The proper averment has been made in the bill, by showing that the New Albany and Salem Company is without the jurisdiction of the court, and cannot be joined without ousting the jurisdiction of the court. Ketchum v. Farmers Loan and Trust Company, 4 McLean, 1; Culbertson v. Wabash Navigation Company, Id. 544.

Rule 47. Union Bank of Louisiana v. Stafford, 12 Howard, 327, 341-3; New Orleans Canal and Banking Company v. Stafford, Id. 343, 346; McCoy v. Rhodes, 11 Id. 131, 141.

The counsel for the appellees made the following points:

As to want of jurisdiction from locality—The Circuit Court in Michigan had no jurisdiction in the case. Whether the defendants act under the authority of law or not, the alleged cause of complaint is local, and the bill can only be maintained in Indiana. 6 Cranch, 158; Chitty, Pl. 268; 1 Atk. 544; 3 Vesey, 183; 10 Vesey, 164; 3 Atk. 589; 1 Sumn. 504; 1 H. & J. 223; 1 Vesey, sen. 446; 1 Bibb, 409.

As to the want of proper parties—The defendants contend that the case cannot go on, even to a hearing, without the presence of the New Albany and Salem Railroad Company. The injustice of hearing and deciding the case without giving that company an opportunity to be heard, is manifest, and most clearly so. It claims the right and authority to construct a railroad from New Albany to the Illinois line, making Michigan City, at the head of Lake Michigan, the termination of the Michigan Central Road, a point, and to mortgage the whole or any part of the road constructed, or proposed to be constructed, to obtain money wherewith to build. It has entered into an arrangement with the Michigan Central Company to advance money enough to construct, and to construct, as the agent of that company, that part of the road west of Michigan City, and to take in addition thereto $500,000 of stock, which said money is to be expended, one fifth south and four fifths north of Lafayette and south of Michigan City, and for the punctual payment of the subscriptions of stock it holds as absolute security all the road from Michigan City to the Illinois line complete and running; with the right to declare forfeited and null all the rights of the Michigan Central Company, in case of its default in paying its subscriptions of stock. It has mortgaged its entire line of road from New Albany to Michigan City, and upon the credit thereof, has obtained loans to large amounts, which are rapidly completing the road through its entire distance. It is still in the money market to dispose of about a million and a half of unsold mortgage bonds to complete entirely the work, the most important, by far, in the State of Indiana. The farmer, merchant, and mechanic, from one end of the State to the other, are its stockholders.

Now, upon all these vast interests, the decree of this court, if it can make one against these defendants, must act directly. It is the charter of the New Albany and Salem Company which is in controversy. The powers claimed by it will be struct out of existence. Its arrangements with the Michigan Company will be declared null and void. Its road west of Michigan City will be struck out of legal existence. Its security for $500,000 of stock destroyed. Its road south of Michigan City towards Lafayette complete more than half, and nearly complete the whole distance, blotted out. Its credit in the money market, its stock and its bonds sold, will be ruined, and all...

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75 cases
  • Philadelphia Company v. Henry Stimson
    • United States
    • United States Supreme Court
    • 4 Marzo 1912
    ...a controversy as between conflicting claimants under the local law. It was not to restrain trespass. Northern Indiana R. Co. v. Michigan C. R. Co. 15 How. 233, 14 L. ed. 674; Ellenwood v. Marietta Chair Co. 158 U. S. 105, 39 L. ed. 913, 15 Sup. Ct. Rep. 771. It was not brought to try the na......
  • City of Jamestown v. Pennsylvania Gas Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 28 Junio 1924
    ...been overruled by the Supreme Court, and when mentioned is always referred to with respect. Northern Indiana Railroad Co. v. Michigan Central Railroad Co., 15 How. 233, 243, 14 L. Ed. 674; Pennoyer v. Neff, 95 U. S. 714, 723, 24 L. Ed. 565; Phelps v. McDonald, 99 U. S. 298, 308, 25 L. Ed. 4......
  • Wood v. Phillips, 3099.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 17 Junio 1931
    ...a controversy as between conflicting claimants under the local law. It was not to restrain trespass. Northern Indiana R. R. Co. v. Michigan Central R. R. Co., 15 How. 233, 14 L. Ed. 674; Ellenwood v. Marietta Chair Co., 158 U. S. 105, 15 S. Ct. 771, 39 L. Ed. 913. It was not brought to try ......
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    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 30 Agosto 1966
    ...being either actually or constructively before the Court." (Emphasis supplied.) In 1853, in Northern Indiana Railroad Company v. Michigan Central Railroad Company, 15 How. 233, 246, 14 L.Ed. 674, the Court, upon its finding that "It is impossible to grant the relief prayed, without deeply a......
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