Washington Railroad v. Bradleys
| Decision Date | 01 December 1869 |
| Citation | 10 Wall. 299,19 L.Ed. 894,77 U.S. 299 |
| Parties | WASHINGTON RAILROAD v. BRADLEYS |
| Court | U.S. Supreme Court |
APPEAL from the Supreme Court of the District of Columbia, in a case of a bill by the Washington, Alexandria, and Georgetown Railroad Company, against the City of Washington and J. H. and A. T. Bradley and others, amended by the addition of new defendants; and of a petition 'by way of cross-bill,' made by one of the respondents in the case, referring to the case by title, and stating that 'the facts fully appear in the case,' praying the reverse of what the complainant had prayed, but not making anybody defendant, nor praying process, and under which no process was obtained; the decree appealed from having been a decree in accordance with the prayer of this 'cross-bill.' The particulars of the case, which was argued here by Messrs. Bartley, Bradley, and Davidge, for the appellants; and by Messrs. Brent, Crittenden, and Durant, contra, are perhaps sufficiently indicated by
Mr. Justice SWAYNE, who thus gave them and delivered the opinion of the court:
The appellants are the complainants in the case. The original bill made the corporation of Washington and Joseph H. Bradley and A. Thomas Bradley only, defendants. The prayer of the bill was that the defendants, Joseph H. and A. T. Bradley, should be enjoined from selling, under a deed made to them as trustees for the security and benefit of the corporation of Washington, the railroad described in the deed of trust, and that the deed should be ordered to be delivered up and cancelled. The defendants answered. The complainants filed a replication. A preliminary injunction was granted forbidding the sale of the road. Subsequently the complainants filed an amended bill, whereby they made George W. Riggs and A. T. Keickover, partners, under the name of Riggs & Co., James C. McGuire, D. P. Lengham, and James P. Kibbreth, defendants, in addition to those made by the original bill. All the defendants were duly served with process except Lengham and Kibbreth. McGuire answered. Kibbreth also answered, and thus became a party to the record. Lengham did not appear. The corporation of Washington and J. H. and A. T. Bradley failed to answer the amended bill. Riggs & Company also failed to answer, and it was ordered, as to them, to be taken as confessed. No such order was made as to the corporation of Washington and the trustees in the deed of trust. No further replication was filed by the complainants. Testimony was taken on behalf of the corporation of Washington. The case was referred to an auditor. In this condition of things the defendant Kibbreth filed a cross-bill, wherein he alleged that he was the holder of certain securities indorsed by the corporation of Washington and secured by the deed of trust, and prayed that the preliminary injunction should be dissolved, and that the trustees should be required to proceed to sell the trust property for the benefit of the cestui que trusts. This bill makes no defendants, and asks for no process. None was issued. It appears by the record that the cause came on to be heard upon this cross-bill, and was reserved to the court in bank. In that court it appears that the case came on to be heard on the answer and cross-bill of Kibberth, the original and amended bills of the complainants, the answers, exhibits, and testimony, and that the court decreed that the preliminary injunction should be dissolved; that the trustees should proceed to sell the trust property in the manner prescribed by the deed of trust, and bring the proceeds of the sale into court, and that all further questions arising in the case should be reserved for future consideration and adjudication. This appeal is prosecuted to reverse that decree.
The record is voluminous; we have adverted to its contents only so far as is necessary to develop the points which we think must control the determination of the case. Several important questions involving the merits of the controversy, have been argued by the counsel, both in the briefs submitted and at the bar. In our view of the case it is needless to examine them. We have, therefore, given them no consideration.
The reference to the auditor was not revoked and he made no report. For aught that appears to the contrary, the case is still before him for the purposes specified in the order.
The...
To continue reading
Request your trial
- Randolph v. Nichol
-
Wright v. Jones
...Davidson, 2 J. J. Marsh. [Ky.] 443; Garner v. Beaty, 7 J. J. Marsh. [Ky.] 229; Hudspeth v. Thomason, 46 Ala. 470; Washington Railroad v. Bradley, 10 Wall. 302, 19 L. Ed. 894. * * "We conclude that it was error for the court to enter judgment upon the cross bill in this case in favor of the ......
-
Horvath v. McCord Radiator & Mfg. Co.
...principle that the allegations of the pleadings and the proofs must agree should be enforced. Washington, A. & G. Railroad Co. v. Bradley, 77 U.S. 299, 303, 10 Wall. 299, 303, 19 L.Ed. 894; In re McEwen's Laundry, 6 Cir., 90 F.2d No question was raised by McCord in the lower court as to var......
-
The New York
... ... pleading seeking such affirmative relief. The Dove, 91 U.S ... 381, 384, 23 L.Ed. 354; Railroad Co. v. Bradleys, 10 ... Wall. 299, 19 L.Ed. 894; The Ethel, 12 C.C.A. 504, 66 F. 340 ... ...