Page:Federal Reporter, 1st Series, Volume 1.djvu/753

 A. A P. TKIi. 00. V. D. P. ET. 00. 745 �to put the most favorable construction upon it, to grant a new trial on account of his misbehavior ? It seems to me entirely clear that it would. Without looking at the affidavits upon which this order was issued, and -which show a somewhat different state of facts, it seems to me clear, beyond a reason- able doubt, that respondent went to Burnstine's house, not for the purpose of detecting Miller or any other person, but rather with the intention of entering into a corrupt nego- tiation with Burnstine. He thus put himself in a position ■where he could not do otherwise than persist in voting for an acquittai, since an exposure of his conduct was certain, if defendants were convicted. The respondent is therefore ad- judged gailty of the specification charged in the order to show cause, viz. : "Going in the night-time to the hoase of Marcua Burnstine, one of the defendants, for the purpose of corruptly conferring * * * ^ith said Burnstine of and concerning said cause, and of and concerning the verdict thereaf ter to be rendered therein;" and is further adjudged to pay a une of $100, and to be committed to the Detroit House of Correction until the terms of his sentence are complied with. ���Atlantio & Pacifio Telegbaph Company v. Union Paoifio Eailway Company and another. �{Circuit Court, D. Nebraaha. , 1880.) �GoRPOUATiON— CoNTUACï — Ultra Virbs— Injunctiok.— Although a con- tract may have been ultra vires, a court of equity will reatraia a corpora- tion from recovering possession of property whioh lias passed Uiereunder^ ■without due process of law and a return of the consideration paid. �Motion for injunction. �McCbaet, J. By act of congreas, approved July 1, 1862, and acts amendatory thereof, the Union Pacific Eailroad Com- pany was created a corporation with power to "lay out, locate, construct, furnish, maintain and enjoy a eontinuous railroad' and telegraph, with appurtenailees," from the Missouri river, through Nebraska and Wyoming, to a junction with the Cen- ��� �