Ex Parte Milwaukee Railroad Company, 72 U.S. 825 (1866)

U.S. Supreme Court

Ex Parte Milwaukee Railroad Company, 72 U.S. 5 Wall. 825 825 (1866) Ex Parte Milwaukee Railroad Company

72 U.S. (5 Wall.) 825

APPLICATION FOR MANDAMUS TO THE JUDGE OF THE

CIRCUIT COURT FOR THE DISTRICT OF WISCONSIN

Syllabus

A mandamus awarded in a branch of the railroad controversies between the Milwaukee & Minnesota Railroad Company and the Milwaukee & St. Paul Railway Company, compelling the latter, and its receivers, to deliver to the former certain rolling stock in compliance with a mandate of this Court made July 18, 1865.

This was an application for a mandamus to the judge of the Circuit Court for the District of Wisconsin, in one part of the railroad cases connected with the roads between Milwaukee and St. Paul, and which under various names have filled so considerable a part of the reports of this Court for the last few terms.

By a reference to the case of the Railroad Company v. Soutter, * it will be seen that this Court, reversing the action of

Page 72 U. S. 826

the circuit court, sent its mandate directing that an order be entered there that upon the payment by the Milwaukee & Minnesota Company of all the interest due on the mortgage which was the foundation of the suit, and all the costs, that company should be put in possession of the road, and of all the rolling stock and other property belonging to said road.

Accordingly, that court, on the 18th day of July, A.D. 1865, having ascertained the amount due and to become due within a prescribed time, made an order that on the payment of that sum the receiver and the Milwaukee & St. Paul Railway Company, who were in possession of said road and rolling stock, should deliver it to said Minnesota Company.

The Minnesota Company paid this money, amounting to nearly a half million dollars, and the receiver and the St. Paul Company delivered them possession of the road and of part of the rolling stock specified in the order, but the St. Paul Company refused to comply with this order as to a very large amount of the rolling stock, worth several hundred thousand dollars.

At the April Term, 1866, of the circuit court, the Minnesota Company made an application to that court to enforce this decree by an attachment against the officers of the St. Paul Company. After a full hearing of this motion in the circuit court on affidavits and argument, the judges of the court were divided in opinion, and the motion failed. The present application was for the purpose of compelling that court to execute its order of the 18th July, 1865.

MR. JUSTICE MILLER now, May 16, 1867, delivered the opinion of the Court.

This case was argued very fully in the early part of the term, but a decision has been reserved in the hope that the action of this Court might become unnecessary.

Page 72 U. S. 827

The litigation between these parties has consumed such a large proportion of the time of this Court, and the close of the term is so near at hand, with the pressure of matters of more importance upon us, that we cannot enter into a statement of the reasoning which governs our action in the present motion. It is sufficient to say that we are satisfied that the petitioner has presented a case calling for the exercise of the supervisory power of this Court over the circuit court, which can only be made effectual by a writ of mandamus. A writ of mandamus will therefore issue from this Court directed to the judges of the Circuit Court of the United States for the District of Wisconsin, commanding them to proceed with the execution of the order of that court of July 18, 1865.

* 69 U. S. 2 Wall. 510.