State Trust Co. v. Kansas City, P. & G. R.

Citations

• 115 F. 367
• 1902 U.S. App. LEXIS 4937

Syllabus

<p>1. Federal Courts — Jurisdiction.</p> <p>Where suit for the foreclosure of a railroad mortgage was instituted-in the federal court, and such court had appointed a receiver, and the railroad had been sold under such proceedings, the court had jurisdiction of an intervention by a creditor having obtained a judgment in a state court to determine priority of such judgment, as a lien on the property of the railroad.</p> <p>2. Same — State Court — Decision—Res Judicata.</p> <p>Where a state court has determined that an action against a railroad company to recover a judgment, which shall be a preferred lien on the railroad’s property, for injury to the property of the plaintiff, was brought within one year, as required by the statute creating such lien, the federal court will not review such question on a subsequent intervention of the judgment creditor, in proceedings to foreclose a mortgage on the railroad, to establish such judgment as a preferred claim.1</p> <p>8. Railroads — Injury to Property — Damages—Liens—Statutes—Repeal.</p> <p>Sand. & H. Dig. Ark. § 0251, declared that certain persons performing work, labor, and furnishing materials, machinery, or equipment for the operation of a railroad, and all persons sustaining. loss or damage to person or property, for which a liability may exist at law, should have a preferred lien on the road, equipments, etc. By Act March 31, 1899, such section was amended so as to include other persons than those provided for in the original act; but that part of the statute giving a preferred lien for damages to person and property was reincorporated in the amending act in the same words as it previously existed, and by section 4 of the amending act all laws in conflict therewith were repealed. -Held, that the latter act was only a continuation of the former in so far as injuries to property were concerned, and was not a repeal thereof in so far as rights previously accrued Were concerned.</p> <p>4. Same — Constitutional Law — Vest