The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-03
SUPREME CoUaT-GEHERAl TERM.
Vhnt Heavy Pacific Railroad Litigation
Again-Appeal.

Tint Heavy Pacific Railroad Litigation
Asain-Appeal.
Before Judges Barnard, Ingraham and Cardozo.
Ross ct al, respondents, Us. The Uaton Pacific
Railroad Company Eastern dtcistorD, appellants
This ia the litigation In which, 1t will be remembered,
ejudgment was entered against the defendants in
shis court short time since for upwards OF
t4,eoo 900 for damages and breach Of contract The
plaintins were under contract with defendants for
the construction OF their road, and owing to some
difficulties which arose after the work had been in
part performed defendants refused to allow plain
uns to finish the contract and called In the aid OF
fway. y - - '-'A-
The plaintifrs commenced this action by service OF
summons on the President OF the railway compa-
ny, VINO was at the time Of service temporarily in
luis city, and the Judgment was entered on the re-
port OF q referee awarding damages In that sum. A
motion was afterwards made by the defendants TO
open the judgment and to set aside the
Ssrvlce OF summons. The judgment was opened
put the motion to vacate the service OF summons
was denied, and the defendants now appeal from the
latter order, claiming tina. this court has juris-
olction or the action or Of the defendants. II
argued that the defendants are foreign corporation,
created under act Of Congress and located in another
otae where the cause Of action, II any exists arose.
The corporation had It's existence only In kansas
ana was possessed Of no migratory power. Service
therefore, upon its president, who not resident
OF TINS state but was here temporarily could not be
generally.
Among the points raised by the respondents 1t was
was conferred upon "all courts within the United
ptates over the defendants and that the corporation
having accepted these acts as fixing the terms and
condition OF Its creation could not now avoid the
execution OF such powers against them. The Court
emrined the order made at Special Term. For the
appellants, John E. Burril; for respondents, E. r.
Meade.
T. The Lamar.Dana imprisonment Case.
Gdzascav B. Lamar appellant, cs. Charles A.
Dana, Respondent. Is suit, the full particu-
lars OF which have been already published in the
HERALD, and in which plaintiff sues for the recovery
Of damages in the sum Of 100000 for alleged false
arrest and imprisonment. Defendant was, at the
time OF plaintiffs incarceration, Assistant Secretary
Of War, and the plaintiff was merchant at Savan-
nah, Ga. The cause OF action arose In 1865 In the
spring OF that year. Plaintiff was subsequently re-
leased without prosecution, and was never informed
OF the nature OF the onence with which he was
charged and for which his arrest was ordered.
motion was MADE about six months since by
defendant for the removal Of the action for trial be-
fore the United states Courts Of this district and the
motion was granted.
Plaintiff now appeals from that order and con-
tends that the act OF Congress Of 1852 which directed
that all cases in which actions were brought against
officers Of the United States government for
Acts committed by them during the war
m their oficid capacities, or by or under
direction Of the procamatlons OF the Presi-
subsequent act OF March, 1867, and the defendant
contends that by the last mentioned act the PLAIN
dds right or act was annulled, or that under that
oct no action could be brought against prominent
0cials for acts done In their ministerial capacities.
OectSion reserved.