United States Supreme Court Cases & Opinions

U.S. Supreme Court

Indiana Southern R. Co. v. Liverpool, L. & G. Ins. Co., 109 U.S. 168 (1883)

Indiana Southern R. Co. v. Liverpool,

London and Globe Insurance Company

Argued October 15, 1883

Decided November 5, 1883

109 U.S. 168

Syllabus

1. When it is within the discretion of the court below to grant or to refuse leave to file a cross-bill, the refusal to grant such leave is no ground of appeal.

2. The Court will not review an alleged error respecting the proof in a railroad foreclosure suit and the allowance of amounts due to holders of mortgage

Page 109 U. S. 169

bonds if the evidence presented before the master is not before it, and if no objection to the proof was taken below.

3. When mortgage creditors take no appeal from a decree of foreclosure, the Court will not, in an appeal by the debtor, inquire whether the creditor should not have had more.

The facts appear in the opinion of the Court. The points presented in the briefs were mainly on the facts.