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ROUSE V. LETCHER, 156 U. S. 47 (1895)

U.S. Supreme Court

Rouse v. Letcher, 156 U.S. 47 (1895)

Rouse v. Letcher

No. 582

Submitted December 17, 1894

Decided January 21, 1895

156 U.S. 47


A judgment in a circuit court of appeals upon the claim of an intervenor, set up in a circuit court against the receiver of a railroad appointed by that court in a suit for the foreclosure of a mortgage upon the road, is a final judgment which cannot be reviewed in this Court.

Motion to dismiss. The Mercantile Trust Company, a corporation of New York, filed its bill in the Circuit Court of the United States for the District of Kansas, June 8, 1888, against the Missouri, Kansas and Texas Railway Company, a corporation of Kansas, for the foreclosure of certain mortgages and deeds of trust, and George A. Eddy and H. C. Cross were thereupon appointed receivers of the company, and took charge of its property, which consisted, among other things, of a line of railroad running from Hannibal, Missouri, to Parsons, Kansas, and to Fort Worth, Texas. Ancillary proceedings were also had in the circuit courts of the United States through whose jurisdiction the railway ran. On October 11, 1890, Annie Letcher filed her intervening petition in that cause in the Circuit Court of the United States for the Northern

Page 156 U. S. 48

Division of the Eastern District of Missouri, at Hannibal, claiming damages on account of the death of her husband, Harvey Letcher, occasioned, as she averred, by the negligence of the receivers, their agents, servants, and employees. The receivers having filed their answer thereto, the matter was referred by the court to a master in chancery to report conclusions thereon. A hearing was had and a report made by the master May 18, 1891, recommending a judgment for $5,000 in favor of the intervenor. Exceptions were filed and overruled, and the Circuit Court at Hannibal, on January 5, 1892, allowed the claim of the intervenor and rendered judgment for $5,000 against the receivers and ordered it

"paid unto the intervenor herein, or her solicitor of record, by George A. Eddy and Harrison C. Cross, the receivers in this cause, out of any money or funds in their hands applicable to that purpose, or that the same be paid by the persons or corporations who have succeeded to the possession of the property lately in the custody of said receivers, who by the terms of the final decree or previous orders in this cause are chargeable with the payment of such claims."

An appeal from this decree was taken by the receivers to the Circuit Court of Appeals for the Eighth Circuit, and the decree affirmed July 10, 1893. Eddy v. Letcher, 57 F. 115. Thereupon, an appeal was prayed and allowed to this Court, which the intervenor moved to dismiss. The deaths of Eddy and Cross having been suggested, the appearance of Henry C. Rouse, appointed receiver in their place, was entered.

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