Chicago and Southeastern Railway Company v. McBeth

• Decision Date: 23 September 1897
• Docket Number: 18,061
• Citation: 47 N.E. 678,149 Ind. 78
• Parties: Chicago and Southeastern Railway Company v. McBeth et al
• Court: Indiana Supreme Court

47 N.E. 678

149 Ind. 78

Chicago and Southeastern Railway Company v. McBeth et al

No. 18,061

Supreme Court of Indiana

September 23, 1897

Rehearing Denied Dec. 8, 1897.

From the Clay Circuit Court.

Affirmed.

H Crawford, W. R. Crawford, F. E. Gavin, C. F. Coffin and T. P Davis, for appellant.

A. W. Knight, A. Payne, S.D. Coffey, J. M. Rawley, T. A. Hutchison, E. S. Holliday and G. A. Byrd, for appellees.

OPINION

Hackney, J.

The appellees, more than one hundred in number, sued the appellant, alleging that they held, severally, judgments, liens, and claims against the appellant and its railway property; that appellant had executed mortgages to almost the entire value of its property; that it was applying the earnings of the road to official salaries, and was making no payments upon said judgments, which judgments had been rendered more than four years, and that said company was insolvent.

It was alleged that the road extended, as an entirety, through several counties, and was operated as a public railway. The prayer sought an adjustment of the priorities of the several judgments and an ascertainment of the sums severally due the appellees, and the appointment of a receiver to take possession of the railway with its operating property, apply its revenues to the claims alleged, and to sell the property for the payment of any balances remaining.

The complaint and the following order entered in vacation constitute the only parts of the record brought to this court, to wit: "And now come the parties hereto, the plaintiffs by Messrs. A. W. Knight and others, their attorneys, and the defendant by Messrs. Matson & Luther and Mr. Stover, its attorneys, and the plaintiffs submitted their verified complaint and affidavits, together with the summons and notice of application for a receiver herein in the words and figures following (here insert), and now the said defendant moves the undersigned judge for a postponement of the hearing of the application for a receiver, which said motion is by the said judge sustained, and said application is set for hearing at 7 o'clock p. m. of this day.

"And now at the hour set for the hearing of said application come again the parties by their attorneys, aforesaid, defendant again moves for a postponement of this cause, and files affidavits in support (here insert) thereof, which motion is overruled, to which defendant excepts, and ten days given to file bill of exceptions, and said application is by agreement...