Dodson v. Fletcher, 827.
| Decision Date | 26 January 1897 |
| Docket Number | 827. |
| Citation | 78 F. 214 |
| Parties | DODSON v. FLETCHER. |
| Court | U.S. Court of Appeals — Eighth Circuit |
John Fletcher, for the motion.
J. D Cook, opposed.
Before SANBORN, and THAYER, Circuit Judges, and LOCHREN, District judge.
On March 7, 1896, the Wear & Boogher Dry-Goods Company, a judgment creditor of the Southwestern Arkansas & Indian Territory Railroad Company, filed a bill in the circuit court for the Eastern district of Arkansas against the latter corporation for the appointment of a receiver of its property, and for authority to such receiver to proceed with the construction of its railroad. On March 27, 1896, John G Fletcher, the trustee for the bondholders secured by a deed of trust made by the railroad company on April 10, 1894 filed an intervening petition in this suit, in which he prayed that the trust deed might be foreclosed, and that the property of the railroad company might be sold, and its proceeds applied to the payment of these bonds. On April 13 1896, T. M. Dodson, the appellant, filed his petition in intervention in this suit, in which he alleged that on December 4, 1895, he made a contract with the railroad company for the construction of its railroad by means of which he acquired a lien for $12,054, which was still due to him upon his contract; and prayed that his lien might be declared to be superior to that of all the other parties in the suit. On April 30, 1896, Fletcher, the trustee for the bondholders, answered the petition of Dodson, denied the existence of his lien, and prayed that the lien of the trust deed might be found to be superior to that of all other parties to the suit. The question presented by the intervening petition of the appellant was heard upon the merits by the court below, and an interlocutory decree was entered, to the effect that he had a valid claim against the railroad company for $12,054.90, which should be paid out of the assets of the company as other claims of the same class were paid, but that he had no lien upon the property of that company superior to the lien of the trustee, Fletcher. From this decree Dodson appealed, and caused a citation to be issued against John G. Fletcher alone. Fletcher moves to dismiss this appeal upon the ground that neither the railroad company or the judgment creditor has been cited to the hearing of this case. The appellant meets this motion with a voluntary appearance in this...
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