Covington Drawbridge Company v. Shepherd
62 U.S. 112

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U.S. Supreme Court

Covington Drawbridge Company v. Shepherd, 62 U.S. 21 How. 112 112 (1858)

Covington Drawbridge Company v. Shepherd

62 U.S. (21 How.) 112

Syllabus

The decision of this Court in 61 U. S. 20 How. 227 as to what averment in the declaration is sufficient to give jurisdiction to the courts of the United States again affirmed.

Where there was a judgment at law against a bridge company under which the tolls were sold in execution, a court of equity has power to cause possession to be taken of the bridge, to appoint a receiver to collect tolls, and pay them into court to the end of discharging the judgment at law.

Page 62 U. S. 113

The facts of the case are stated in the opinion of the Court.

As the decree of the circuit court was affirmed, and directed to be carried into execution, it may be proper to state what that decree was, viz.:

"It is therefore ordered, adjudged, and decreed that John McManaway be, and he is hereby, appointed a receiver of the tolls and revenues of the said Covington Drawbridge Company; that he enter upon, and by himself, his agents, and servants possess himself of and control the said bridge, absolutely, and free from all let and hindrance of the said Covington Drawbridge Company, their agents and servants, and other persons whatsoever. And it is further ordered, adjudged, and decreed that during the time the said John McManaway shall be the receiver of the said tolls and revenues of said bridge, the said company shall in no wise molest or disturb the said receiver in the possession thereof, or in the reception of the tolls and profits thereof, and that said receiver may and shall receive the same tolls provided for in section three of the act of the General Assembly of the State of Indiana, approved January 15, 1850, incorporating said company. Said receiver shall keep a daily account of his receipts and expenditures, which shall be open to the inspection of the parties. It is further ordered, adjudged, and decreed, that it shall be the duty of the said receiver, by himself and other qualified person or persons, during that time that the Wabash River may be navigable for steamboats, to raise or otherwise remove the draw in said bridge when boats are approaching, by night or day, and it shall be the further duty of said receiver to cause lights to be placed on each side of the draw of said drawbridge, when the said river is so navigable, and it shall be the further duty of the said receiver to keep the said bridge in suitable and necessary repairs, the expenses of which shall be paid and borne by the said receiver out of the tolls and income of said bridge, as well as his own fees and charges for the discharge of his said duty as receiver. And it is further ordered, adjudged, and decreed that the said receiver shall

Page 62 U. S. 114

from time to time, at least as often as every three months, pay whatever sum of money there may then have accumulated in his hands of the tolls and income of said bridge, over and above the expenses as aforesaid, to the complainants herein in a pro rata proportion upon their respective judgments in the complaint mentioned, and further that the said receiver do, at each succeeding term of this Court, report thereto his entire actings and doings in and about his said receivership, provided that before said receiver shall enter upon his said duties and take possession of said bridge, he shall take an oath well and faithfully to perform his said duties, to be endorsed on his bond next mentioned, and that he shall, with one or more freehold securities, to be approved by H. C. Newcomb, master in chancery, within thirty days, enter into a penal bond in the sum of ten thousand dollars, payable to the State of Indiana, conditioned for the faithful performance of his duties and trusts imposed upon him by this order, which bond upon breach thereof shall be for the benefit of either party interested. "

Page 62 U. S. 122

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