Page:Federal Reporter, 1st Series, Volume 6.djvu/847

 HUTCHINSON V. GBEBN. 835 �thereupon said Lowery [the president] refused to take further eteps," etc. �These latter averments are evidently designed to bring the case'within recognized rules as to suits by stockholders when the proper corporate authorities refuse to act in the name of the corporation or permit the name of the corporation to be used as party litigant. Although the averment may be sub- ject to criticism as to its sufiSciency, yet as it might be amended, possibly, consistent with faots justifying this form of action, it is thought, for present purposes, advisable to treat the averments as if fuUy complying with the equity rule. �The allegations of the bill have been thus summarized in order that it may appear with sufficient clearness what the de- mand is, why the jurisdiction of this court is invoked, and what is the condition of the record in the state court. The bill pro- ceeds as follows: "And your orators, further complaining, say [etc.] that said St. Louis circuit court, in due course of pro- cedure under the provisions of the statutes of the state of Mis- ouri in that behalf, is about to discharge the said Clubb as receiver of the assets ofsaid corporation defendant, and direct said receiver to turn over saidproperty to the party entitled to receive the same; and that said Charles Green, defendant herein, daims the right and proposes to receive said property from said receiver, and to seU and dispose of the same under said deed of assignment." The bill then states that irreparable mischief to the plain- tiffs may follow if the assignee proceeds under the assign- ment. �The prayer is for an injunetion to restrain said assignee "from in any manner interfering with any of the property of said corporation; that the assignment may be declared void; that the title of the property be decreed to be in the corpora- tion; that the property be turned over accordingly to the cor- poration; and that some one may be appointed by this court to demand and receive from said Clubb, receiver aforesaid, when he, the said Clubb, shall be directed by the said St. Louis circuit court to turn over the said property of said de- fendant corporation, now in his possession, such property, and the same to hold, subjeot to the order and decrees of this ��� �