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GUARANTY TRUST CO. v. CHICAGO, M. & ST. P. RY. CO.

No. 4931.

15 F.2d 443 (1926)

GUARANTY TRUST CO. OF NEW YORK et al. v. CHICAGO, M. & ST. P. RY. CO. et al.

District Court, N. D. Illinois, E. D.

October 12, 1926.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed and Edwin S. S. Sunderland, all of New York City, and Tenney, Harding, Sherman & Rogers and Horace Kent Tenney, all of Chicago, Ill., for Guaranty Trust Co. of New York and Merrel P. Callaway, as trustees.

Wilson, McIlvaine, Hale & Templeton, of Chicago, Ill., for United States Trust Co. of New York and Edward W. Sheldon, as trustees.

W. L. Hunter, of Chicago, Ill., for Chicago, Milwaukee & St. Paul Ry. Co.

H. H. Field and Winston, Strawn & Shaw, all of Chicago, Ill., for receivers.

Nathan L. Miller, of New York City, and Weymouth Kirkland, of Chicago, Ill., for Jameson committee.

WILKERSON, District Judge.

This is an application for an appeal from the order of this court denying the petition of Edwin C. Jameson and others for intervention. The right of appeal, as given by statute, does not extend to orders which are not final decisions upon the matters in issue. The court should not deny an appeal in a case in which the statute authorizes it. Neither should the court grant an appeal in a case in which the statute forbids it. In the one case...

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