Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1852-01-22
,ircuit Court ofthc United states,
DISTRICT OF VERMONT.

DISTRICT OF VERMONT.
Ar CHAMBERS, Nov. 81, 1851.
TkRRY BRApLEY Ct a. rs. ANDREW j. RIcH'
ARpsoN 81 ai.-T'hs was motion for an iniunc
ton prodicatcd on bill filed by Bradley anC
others against Richardson and others, to stay
execution Of two Judgments amounting together
to the sum of S5l ,a92.0l recovered by Rich
ardson and Others at the October term Of the
Circuit Court 1851, against tie Burlington Nil
Company a corporation established, ander an
act Of the Legislature Of Vermont, for the man
uiacture and sale Of wooden goods. The facts
will sufficiently appear from the opinion given
on the decision oftbe motion.
w. W. Peck and y. a. Smolley, for Plaintiffs
l.. b Peck, for Defendants.
PnrNTiss. J. have taken time TO read The
bill aud papers fled in this cuse which are un-
commonly voluminous and contain great vaue-
ty Of statements and facts because thought It
unfit, and was unwilling, whatever might be the
inclination Of my mind at the hearing, to decide
a matter of so much Importance to the parties,
without first examining carefully every paper con-
nected with IT., well as the authorities referred
to by the counsel in the argument
The bin may be considered m threshold as
poet: as presenting right in the Plaintiffs TO
relief. first, as Stockholders in the Burlington
Mil Compauy secondly, as creditors Of the
NJ u Company; and, thirdly as csstiy qtc trusts
the suits at law, made by I'LL as their trustee,
subsequent and subject TO the attachments, be
having deceased, and there being no personal
representative competent tosue here IN hs night
As stockholders simply there would be
much difficulty on the statements made in the
bill, in the plaintiffs minimizing IT, As such,
they are not personally or individually RESPONSE
bic for the Judgments recovered against the Mil
Company; nor have they ia that character any
.sI, ~
tacbed aud il liable 20 be taken to satisfy the
judgments Where The corporate rights anI inn
forests ARE affected. in any way wrongiully and
inurouslv, these rights and interests, generally
speaking, and unless SOME special ground DE
shown. must be asserted and defended, both at
law aud 10 equity in the corporate uame. Now,
the bill does not state amy fraud, or collision
with the Judgment creditors. on the part Of the
NIL Company but on the contrary, r alleges
that the Judgments were obtained without The
consent aud against the win of the company, and
were q fraud upon the company. In this aspect
of the case, 1t would seem that the company, ia
its corporate nnue, would De the proper party 10
seek relief against the Judgments.
On the general ground Of being creditors Of
the Mil Company. without some special interest
1t would be equally difficult for the plaintiffs to
maintain their CHM to relief. What right has
one creditor TO interfere n sut, or indeed in
any IrHnslcOpn between lls Oeulof ana unOlhtr
creditor, unless he has some specific interest 20
property which Is TO be affected thercbyt 10
the case of fraudulent Judgment creaung "a
lien on properly or fraudulent Conveyance of
property. the party seeking renef against
either must show un interest in the particular
property, by attachment levy of execution, or
by purchase.
Bnt whatever rights the plaintiffs may be sup
possod to POSSESS as stockholders or creditors, it
is not sufficient for them nor would it be for the
Mil Companv TO show merely ul1t the latter
was wrongiuiiy deprived of un opportunity Of
making defence in the suits 40 Jazz. TO cudte /
them % the urplstou OF a cout of oqaity boz
their behalf 1t must uppalr lH4 the judgments /
are unjust and maqutsb', and ought nor to he /
enforced. II the proceedings of the stockhold-
ers and directors 40 Boston. d.sussing the ot- /
toueys from the suits and cousenuug to judg-
menis being rendered, were Ira ular ana inya.
id, as is alleged, Oh account Of tine meeting. 0c-
ing held ont OF this state the attorneys Instead
of Withdrawing from the suits and suffering
judgments To- pass suj s1epf9. should hive ob- .
jectei To the proceedings 90 the time. and sub .
United :hc question as to thcig validity and bind .
ing force TO the consideration and decision Of
the court.
Bat Inc Judgments, il is 10 bee observed, were .
not obtained. cart,iniv NOT ,ho0othcrso. without
, tr,~ir.r .,,J ,,54I,.... . lag... i,.,.,..-