[Download] "Milwaukie and Minnesota Railroad Company and Fileming, Appellants v. Soutter" by United States Supreme Court ~ eBook PDF Kindle ePub Free

February 15, 2021

eBook details

Title: Milwaukie and Minnesota Railroad Company and Fileming, Appellants v. Soutter
Author : United States Supreme Court
Release Date : January 01, 1864
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 82 KB

Description

Mr. Carpenter, for the appellants. 1. The proceedings had in the court below, by which the amount due on the bonds secured by the mortgage to Bronson and Soutter was ascertained and a decree entered, was not according to the direction of the mandate. The decree, indeed, gave the year to pay; but this, and all else that was done, was ordered before and without ascertaining what sum was in the receiver's hands. Now, the authority of the inferior court extends only to executing the mandate sent it. They cannot vary it, or give any other or further relief.4 Under that mandate the court was bound 'to ascertain the amount of moneys in the hands of the receiver,' and its authority to order a sale arose only 'IF' the amount was not sufficient to discharge the interest.