Page:Federal Reporter, 1st Series, Volume 5.djvu/174

 162 rBDESAL BBFOBTEB. �"If it, (the record) be entered before the tîme, it lias been made a question whether it (jurisdiction) will then attach. For some purposes it would seem that it might ; as, for exam- ple, if it became necessary meanwhile to issue an injunction or appoint a receiver, whiob should be done, however, only upon notice, in order to proteot the rights of the parties or to preserve the property in litigation." �An analysia of these authorities shows that receivers may be appointed, property may be sold, and its proceeds placed in the registry of the court. ' An injunction may be granted, and when a defendant is in possession of property an injunction -which prohibited him from using it during the pehdency of the Suit may be dissolved upon such terms as would allow the court to refrain from ail consideration of the cause upon its merita. But in this case the sole question presented to the court, by the petition or bill of complaint is as to the exclusiyeness of a franchise, and the protection of that franchise by a perpetuai injunction. The court could not proceed one step in the hearing of the application to dis- Bolve withoutentering upon the consideration of the cause as an entirety, and could not grant the dissolution without changing the status of the parties with reference to the thing to be finally adjudged. ; Indeed, in this case, there would be nothing left for the court to do, in case the injunction was dissolved, but to dismiss the bill. �The hearing upon this application in this case is insepara- ble from the hearing of the cause, and the resuit of that hear- ing would be not to preserve the rights of the parties, but, pro tanto, to decide and determine them. It is not protection of rights, but an adjudication upon them, which must resuit whenever this application is heard. �What the court should do in this, as in ail cases where the record is here before the return-day, is by ail proper orders to preserve the property in dispute, and the rights of ail the litigants ; but it cannot properly enter upon the decision of the rights of the plaintiff to a franchise, when that is the sole matter presented by the bill, until the jurisdiction of the court over the cause is complete. ����