Opinion
Nos. 947 and 1027 October term, 1888.
Argued October 17, 18, 1889. Decided January 13, 1890.
Appeals from the Circuit Court of the United States for the Western District of Michigan.
These cases were heard with Richardson v. Green on the motions to dismiss at the last term of court, and are reported with it in 130 U.S. 104. After the announcement of the judgment on the motions on the 13th of March, 1889, Mr. William A. McKenney, on behalf of Nelson, on the 22d of April, 1889, moved to have four hundred and fifty dollars refunded, which Nelson had been obliged to deposit with the clerk. After announcing the foregoing opinion and judgment,
In connection with this case a motion has been made by Thomas M. Nelson, one of the intervening petitioners in the suit, whose appeals were dismissed at the last term of the court, to have refunded to him the sum of $450 deposited with the clerk under the order of this court of January 14, 1889, requiring such deposit to be made in order that his counsel might have two printed copies of the record.
This motion is based upon the following grounds:
(1) That the petitioner was not one of the principal litigants in the appeals, but was simply an intervening judgment creditor, having no interest in the matter of the controversy between the bondholders and the trustees;
(2) That his demand is quite small when compared with the amount involved in the controversy between the principal litigants; and
(3) That he was not a necessary party to the determination of the questions involved in the controversy between the main parties to the litigation, but simply intervened as the only manner in which he could protect his rights under his judgment against the company for work and labor performed for it in the construction of the road.
The motion is granted to the extent of $200.