Page:United States Reports, Volume 209.djvu/581

 ACTIONS. While a common carrier sued at common law for penalt, under, or on in- dietmeat ior vlation of, a state rate statute might interpose as a defenas the unconstitutionality of the statute on account of the conf- eatory character of the ratee preecribed, a ury cannot intelligently pa �.upo uch a matter; the proper method is to determine the conetitution- allty of the statute in a court of equity in which the opinion of expert may be takea and the matter referred to a master to mke the needed mputat and to find the nmary fact* un whi. tbe court may act. Ez  Y0ng, 123. In  ca a *uit by a stockholder aguit a corporation to eadn the alimet- ore and officor! from complying with the proviZohs of a state statute, alleged t. be unconstitutional was properly brought withu Equity Rule 94 of th court. Ez art Young, 123. 8. /t aan ate; uat  uia aning o! act o/ Tm o! 1873. A uit aainst state offieer to enjoin them from enforcing a state statute which violat complainant's constitutional rights either by' its erm or by the manner of it enforcement is not a suit against the State within the meaning of the statute of 1873 of Tcnnessee denying jurisdiction to the cour of the State, of suit agait the State. Goaded O/C. v. CraSh, 211. A bill in lity to set aide an agreement of adjustment of a community between the widow and children, brought after the death of the widow who ha also left children by a second marriage, is a liquidation of the community and although the property was derived solely from the t husband the childron of the second marrie are, as hein of the mother, interested hi her share and are necewy partle to the bill.  v. d Rub/o 283. $e JvmXCT]O, B 6, C; PLC Lrs, 2; rxrrs, A 2, 3.

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