Page:Federal Reporter, 1st Series, Volume 9.djvu/800

 DWIGHT V. OBNTBAL VERMONT B. 00. T85 �DwiGHT and others ». Central Vermont E. Co. and others. (Circuit Court, D. Vermont. October Term, 1881.) �1. Eqtjitt PiiBADiNG — Parties — Demurber. �A demurrer to a bill in equity for want of the necessary parties niust name the proper parties. �2. Same— Negative Plea. �A negative plea must be supported by an answer to so much of the bill as iz denied. �3. Same — Parties — Plea. �A plea to a bill brought by certain stockholders in a railroad corporation which set out that there were, when the bill was brought and the plea filed, cer- tain other stoclcholders, who are not joined in the bill as parties, who are cit- izens of certain states, naming them, whose names are known to and ascer- tainable by the orators, and not by the defendants, hM to be insufflcient, and cverruled. �4. Same — Leoal Proceedings in a State Court — Plea �A bill in equity was brought by certain stockholders in the Vermont & Can- ada Railroad Company, among others against the Central Vermont Railroad Company, in possession, to recover the possession of that roadfor the Vermont & Canada Railroad Company. The Central Vermont Railroad Company pleaded that it was in possession as a receiver of a state court, and set forth the proceedings upon which its possession took place. Held, that such rights must stand for trial according to the usual course. Plea overruled. �5. JtjRisDicTioN — State and Federal Courts. �When the two suits are not brought upon the same facts, nor for the same relief, the pendency of a suit in a state court cannot be successfully pleaded to the further prosecution of a like suit between the same parties, or their repre- sentatives, in a federal court in the same district. �In Equity. �Prout e Walker and E. J. Phelps, for orators. �Benjamin F. Fijield, Geo. F. Edmunds, and Daniel Roherts, for defendants. �Wheeleb, D. J. The orators, who are stockholders to a large amount in the Vermont & Canada Eailroad Company, and citizens of New York, New Hampshire, and Ehode Island, hring this bill in behalf of themselves and all other stockholders having like interests with them, not citizens of Vermont, Massachusetts, or Maine, against the directors of that corporation, citizens of Massachusetts and Pennsylvania, alleging that they refuse to take legal measures to protect the rights of the orators, and against the Central Vermont Eailroad Company, in possession, and the Vermont Central Eailroad Company, lessee of, and the other defendants, security-holders, claim- T.9,no.l4— 60 ��� �