Cincinnati, I. & W. R. Co. v. Indianapolis Union Ry. Co., 270 U.S. 107 (1926)

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Cincinnati, Indianapolis & Western Railroad Company v.

Indianapolis Union Railway Company
Nos. 328

, 329

Argued November 25, 1925
Decided March 1, 1926
270 U.S. 107

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

1. Upon an appeal to this Court from a decree of the district court dismissing a petition for want of ancillary jurisdiction, the equity of the petition, and questions whether it should be denied because of acquiescence or laches, are not open. P. 115.

2. As ancillary to a decree of railway foreclosure, by which the purchaser of the property was allowed a fixed time in which to elect not to assume outstanding leases and contracts, and which reserved for future adjudication all questions not disposed of, and permitted all parties, including the purchaser, to apply to the court for further relief at the foot of the decree, the district court had jurisdiction, irrespective of citizenship, over a petition of the purchaser seeking to be relieved of agreements made by its predecessors with a terminal company, upon the ground that the purchaser’s failure to relieve itself of them by a valid election was due to a mistake. P. 115.

3. A delay of two years in filing such petition is not a reason for dismissing it for want of jurisdiction. P. 114.

Reversed.

jurisdictional appeals from decrees of the district court dismissing ancillary petitions. See 279 F. 356.