Kansas City Southern R. Co. v. Guardian Trust Co., 281 U.S. 1 (1930)

U.S. Supreme Court, (February 24, 1930)

Docket number: 22

/us/281/1/case.html

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  • U.S. Supreme Court - Kansas City Southern R. Co. v. Guardian Trust Co., 281 U.S. 1 (1930)
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  • U.S. Court of Appeals for the D.C. Cir. - Oscar L. Altman Et Al., Appellants, v. Central of Georgia Railway Company Et Al. Oscar L. Altman Et Al. v. Central of Georgia Railway Company Et Al., Appellants., 580 F.2d 659 (D.C. Cir. 1978)
  • U.S. Court of Appeals for the 9th Cir. - United States of America, Plaintiff-Appellant, v. Daniel F. Kellington, Defendant-Appellee., 217 F.3d 1084 (9th Cir. 2000)

    • Text:

    U.S. Supreme Court KANSAS CITY SOUTHERN RY. CO. v. GUARDIAN TRUST CO., 281 U.S. 1 (1930)

    [Page 281 U.S. 1, 5]

    debts. [Footnote 1] It brought three suits in a Missouri court to compel the Southern Company to pay the debts owing to it by them. Thereupon the Southern Company brought two suits against the Trust Company in the United States court to enjoin prosecution of the state court cases. One related to the actions on the debts of the Belt Company ((C. C. A.) 146 F. 337), and the other to all the actions. (C. C. A.) 171 F. 43, 28 L. R. A. (N. S.) 620. Injunctions granted by the lower court were dissolved by the Circuit Court of Appeals.

    [Page 281 U.S. 1, 11]

    which under established practice are taxable as between party and party. And the opinion makes it clear that the decree directed to be entered below was intended to be an end of the whole matter. It is plain that the stockholders' application was denied and that the decree did not authorize or permit the taxation of costs as between solicitor and client.

    The mandate required the execution of the decree. The District Court could not vary it or give any further relief. In re Sanford Fork & Tool Co ., 160 U.S. 247, 255, 16 S. Ct. 291; Gaines v. Rugg, 148 U.S. 228, 241, 13 S. Ct. 611; In re Washington & Georgetown R'd. Co., 140 U.S. 91, 96, 11 S. Ct. 673; Ex parte Union Steamboat Company, 178 U.S. 317, 319, 20 S. Ct. 904. That court was right in holding that, by the decree of the Circuit Court of Appeals and the mandate of this court, the costs recoverable by the Trust Company were limited to those taxable between party and party.

    Decree of the Circuit Court of Appeals reversed, and that of the District Court affirmed. Footnotes

    Footnote 1 Northern Pacific Ry. v. Boyd, , 33 S. Ct. 554, decided while this case was pending in the Circuit Court of Appeals on the first appeal.


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