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

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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.

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