Page:Federal Reporter, 1st Series, Volume 6.djvu/121

 rABMBBS' LOAIi & TRUST CO. V. G. B. 4 M. B. 00. 109 �Tbose allegations, stated in somewhat condensed forin, are that certain bondholders, inclnding John I. Blair and William E. Dodge, caused the foreclosure bill to be filed; that to carry ont certain schemes for getting control of the mortgaged prop- erty, and to obtain unjust and improper advantages over the petitioner and other bondholders and stockholders, Blair and Dodge retained J. P. G. Cottrill, Esq., as attorney for the rail- way Company ; that Mr. Cottrill had never bef ore acted as the general attorney of the Company, and that, immediately after retaining him, Blair and Dodge caused the bill in the fore- closure action to be filed, and a subpœna to be issued and served upon said Cottrill, as attorney of the company; that the only service which Mr. Cottrill or his firm thereafter ren- dered in the case was to file an answer, which had been pre- Tiously prepared by the counsel for Blair and Dodge and their party of bondholders. It is alleged that neither Mr. Cottrill nor his firm had any personal khowledge of the facts stated in the foreclosure bill or in the answer thereto, and that they had nothing to do witb the drafting of the answer, aud were not consulted or advised with about the subject-m'atter thereof. It is charged that at the time the said Cottrill was so appointed attorney of the defendant company, William E. Dodge was the president of the company, and that upon his appointment as BUch attorney Mr. Cottrill went with the soliciter of'the com- plainant, the Farmers' Loan & Trust Company, befote the judge of this court and consented to the appointment of a receiver in the foreclosure suit; that at the time of his appointment as attorney for the company said Cottrill was shown by one of the solicitors for the complainant a letter f rom Dodge appointing him such attorney, and that be acted xmder such letter of appointment; that the appointment of said Cottrill was obtained by Blair and Dodge, and those in interest with them, for the fraudulent purpose of obtaining a fraudulent and collusive service of process in the foreclosure suit, and not with bona fide intent to make him the general attorney of the company to defend its interests. It is then charged, generally, that the appointment of said Cottrill as attorney, for the purpose of serving process of subpœna upon ��� �