Page:Federal Reporter, 1st Series, Volume 1.djvu/569

 BTEEN V. WISOONSIN CENT. B. CO. 561 �the railroad and of the officers' books, papers and records of the Company, as trustees under the mortgage, and were then in possession and operating the road. It alleges the proceed- ings which had taken place in the Stern suit, and sets forth a plan, then in progress by various parties in interest, for the reorganization and future management of the road. It sets out a series of transactions in connection with the funding of certain bonds secured by the mortgage, and seeks, by such allegations, to make Stern a party to the funding scheme, and to certain proceedings under -which the proceeds arising from the sale of lands, which formed part of the mortgage security, were used by the parties in interest for the payment of inter- est on bonds and otherwise, and charges that Stern, by the prosecution of his independent suit, is interfering with the administration by the trustees of their trust, and with pro- ceedings instituted for the common benefit and best interests of ail the bond holders. The proposed plan of reorganization is also set out as an exhibit to the bill, and the prayer of the bill is that the trustees may be instructed by the court, in the execution of their trust, that the railroad company and Stern may be required to submit to the proposed plan of reorganiza- tion and issuance of new bonds ; that such plan may be earried out, and that Stem may be enjoined from prosecuting any actions at law, or otherwise, upon his bonds and coupons. It should be added that on the sixth day of Oetober, 1879, Stern interposed a demurrer to complainant's bill in the trustees' suit, and that no further proceedings have since been had in that suit. �Now to the amended biU in the Stern suit the railroad oompany and the defendant, Charles L. Colby, on the 30th day of August, 1879, filed a demurrer, and on the 6th day of Oetober, 1879, the trustees, Stewart and Abbot, inter- posed a plea of the pendency of the previous suit brought by them, and denying the alleged frauds and breaches of trust set out in the amended bill, and accompanying their plea with an answer in aid thereof ; and this case was brought tO argument upon the eufficiency of this plea, as well in form M �v.l,no.8— 36 ��� �