WABASH RAILROAD CO. v. ADELBERT COLLEGE

No. 40.

208 U.S. 609 (1908)

WABASH RAILROAD COMPANY v. ADELBERT COLLEGE OF THE WESTERN RESERVE UNIVERSITY.

Supreme Court of United States.

Decided March 9, 1908.


Attorney(s) appearing for the Case

Mr. Rush Taggart for plaintiff in error, in opposition to the petition and motion.

Mr. John W. Warrington, Mr. John C.F. Gardner, Mr. Thomas P. Paxton, Junior, and Mr. Murray Seasongood for defendant in error, in support of the petition and motion.


Petition for rehearing and motion to modify judgment.

MR. JUSTICE MOODY, after making the foregoing statement, delivered the opinion of the court.

In the original decision of this cause we treated the proceeding in the state court as one whose sole direct purpose was to procure a sale of the railroad property in satisfaction of the lien which the holders of the equipment bonds asserted against it. We assumed that the judgment of the state court was one for...

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