Page:Federal Reporter, 1st Series, Volume 1.djvu/568

 560 FEDERAL REPORTER. �and Lawson filed in the trustees' suit a petition embodying in substance, but with some changes, the allegations of the orig- inal bill in their independent suit, and praying that the trus- tees, Stewart and Abbot, might be removed; that petitioners might become complainants in their place in that suit ; that Gardner Colby, Eowland G. Hazard, Moses Taylor, H. F. Spencer, and the Farmers' Loan & Trust Company might be made parties defendant in that bill; and that, if the petition- ers should not be made complainants in that suit, they might be permitted to appear and plead, answer or demur, and further file a cross-bill, setting up the facts stated in their petition. �After the dismissal of the bill filed by Lawson and Stern, as to Lawson, and on the eighth day of July, 1879, Stern filed a further or new petition in the trustees' suit, setting up facts as a basis for the prayer of the petition, which was that he might be made complainant in the trustees' suit; that the bill in that case might be amended so as to pray a sale; that a decree of foreclosure and sale might be entered therein ; that the cause might be referred to a master to state an account, and to make report touching the matters alleged in the peti- tion. On the twenty-fifth day of July, 1879, complainants in the trustees' suit filed a petition for leave to file a second sup- plemental bill in that case, and such proceedings were then had that an order was entered allowing a second supplemental bill to be filed, and such a bill, to which the railroad eompany and Stern were made parties defendant, was on July 25, 1879, filed. On the thirtieth of July an order was entered for the service of a subpœna, under this supplemental bill, upon the Bolicitor of Stern, and such service was on that day made. �This second supplemental bill states to some extent the history of the proceedings up to that time in the trustees' suit, alleges the filing of an independent bill by Stern & Lawson, and the institution by them of actions at law in the state court upon their bonds, with garnishee proceedings to reach moneys which were the earnings of the railroad Com- pany. It alleges that, under the circumstances, the trustees, on the fourth day of January, 1879, took formai possession 6f ��� �