Page:Federal Reporter, 1st Series, Volume 6.djvu/809

 WALSH V. M., C. & N. W, E. CO. 797 ���Walsh and others v. Memphis, Cabthage & Noethwkbteen E. Co. and others. �{(»eu.it Court, E. D. Missouri. March 28, 1881.) �1. JorNDER OF PaBTIES. �A corpoiation is a necessary party defendant to a bill to enforce a judgment against it by compelling contribution frcm its stockholders. �2. Samb. �Ail the stockholders are also necessary parties in such a suit, if they apply to be taeard. �3. JuBisDicTioN— When Shit IS NoT Wholly Betwkkn CmZENS OF �Different States. �If A. and C. are citizens of the same state, and B., C, and D. are citizens of difEerent states, a suit in which A. and B. are plaintifEs and C. and D. defendants, and in \«hich they are ail necessary parties, is not one over which a United States court will take jurisdiction, on the ground that the controversy is "between citizens of different States." To give a United States court jurisdiction on that ground the controversy must be wholly between citizens of different states. �In Equity. Motion to Kemand. �This was a suit in equity to enforce certain Judgraents against the Memphis, Carthage & Northwestern Eailroad Company, by compelling contribution* from holders of unpaid stock, and for other purposes. It was originally commenoed in the circuit court of the city of St. Louis, in the state of Missouri, by George W. Walsh, Union Savings Association, a corporation, William Lee, Joseph Shippen, Edward Burges, James J. Marks, and Hiram Driggs, citizens of the state of Missouri, H. E. Beers, A. M. Jay, S. M. Sovern, S. Pitzer, J. P. Pitzer, and Alfred Palmer, citizens of the state of Kansas, against Joseph Seligman, James Seligman, Jesse Seligman, John A. Stewart, J. M. Brown, and James M. Hyde, citizens of the State of New York, Memphis, Carthage & Northwestern Eailroad Company, St. Louis & San Fran- cisco Eailroad Company, A. A. Talmage, C. W. Eogers, W. J. Tower, Ezra Miller, and James Baker, citizens of Missouri, and E. W. Wright, a citizen of Kansas. The petition for removal was made by defendant Jesse Seligman alone, and set forth that he was a citizen of the state of New York ; that ��� �