The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-03-09
LEGAL ADVERTISEMENTS.
No. S034-siIas Reed We. J. W. calder
et. si.-tItatf0n by PubIfcation-fs-
saed, 20ta February, 1873 -sixnea
". A HARDWOOD, clerk Of the Dfstrfes
Court. DaIias County, Texas,

4 sNsAs Sct" s-hiKnefl
". A HARDWOOD, clerk Of the Distrfes
Court. Dallas County. Texas.
THE STATE OF TEXAs-Io the sher,t,
L orsny Constable OF Dallas County greet
Ing: You are hereby commanded that,
by making publication of this citation
In some 81 nennsp ts published in the
| vious to the return day hereof, you sum
| mon A. Calder. Kansas Rolling Mil
Company. and DonneIl, Lawson & Co.. " no
are non -rssid ents of the state of Texas. 10 he
aud appear before the District Court 10 be
holden in and for the county OF Dallas, on
there 10 answer the petition OF silas Reed,
l filed in said court against the said !, W
Calder, A. Calder, Dallas aud Wichita Rail-
road Company, 81: Henderson, and the Kan
| saS kolIirg Mill Company, John Kerr aud
isonDeu, Lawson Co, defendants and
| alleging in substance as follows. to- vii.
That the Dallas and Wichita Railroad
Company was chartered by an act of the
| legislature of the state OF TeEas, entitled an
act to incorporate the Dallas and Wichita
railroad compa y, approved December 2,
| 1871, and that on the sith of May, is7s, said
originxi act was amended by an act Of the
| legislature Of Texas, entitled an act 10
| .Inend an act to Incorporates the Dallas and
Wichita railroad company, and to aid in
2s, 1878
| That on the 18th of December, ISL, the said
| Dallas and Wichita railroad company wa.
dnly organised at meeting OF the corpora
Tors or said company. In . city OF Dallas,
By the election of a board of directors presi-
deaf, vice preside emit, treasurer and seer -tery,
and sdjoarned TO the FIRST Monday In Janu.
~ry, ls1s
directors OF said company. on the nth OF
ed for the regulation OF said com pany, and
among other things IT was provided In said
oy-isws. BY section !, Article !, THAT the
board who snail manage and conduct the
| affairs and business OF the company by
| themselves. and odlcers ana agents appoint
ed by them under the DOW .rs vested in the
com ANY by the oh rter and general Law
Regulating railroad companies IN the state :
BY section 8, OF Article i, - MAORI y of tn
directors shall be quorum TO do business
Ia case quorum does not attend, thoss
present may adjourn the meeting to another
| tune section I, "Wben a quorum Is pres
emit all the powers vested In she board may
| be exercised by q majority vote of thos.
present, except to all vacancies In the board
| Oh n a vo,e OF y mai, rIty OF THOSE remain.
| ing in office shall De rsssry,n and also
that section 5. "A rate of a majority Of IN,
| whole number shall be necessary to author
ixs u sale Of any real estate" ETC., etc
! The directors may make all con tracts uee.
zssary and proper, executing the powers ex'
pressiy granted them by the charter or thess
by laws ana not restricted by them In such
modes and forms as they may deem prone,
for the bsneft OF the company. Bat they
shall not contract or agree for, nor no AXE
any deed OF trast, mortgage or other len OF
toe property nl toe company without beinI
expfSsay susnofissd 80 20 as ny vote o
That at a meeting of the board OF dtre tor.
OF said Dallas ami Wichita railroad GONNA
| ny on the 9Th Of June, 1872, the defendant. J
| W. Calder, became stakeholder In sait
i com paDy, and at sail meeting wa. eie t.t
firsi director and then president of ssIc
company, At that tine he had no property
1 no visible means, and very little. IL any
| money. and no vocation.
That on the Eth Of July. 1872, at a caiiet
meeting of the board of trectors, the said ]
W. Calder presented his frst bill against tn,
company which wss for $Isi 20, wfthou
items or vouchsrs, and IT was referred to
special committee.
That on the 4sth OF November. 1872. it'll
proposed to be meeting OF the directors,
bill was presented by the said J. W. Caide
for 1851 IS against the said railroad com pa
ny. and by order Of the board q due bill wa
rotary OF the COW pany, for the company, 10
that amount, dated Dallas, TexaA, yovem
Der %. 1874. That no iternised account o
J voucher were fled with said account an,
retary OF said company.
That at aaid meeting OF directors Their
were only two perenns present. One OF thes
Were only four in Ali being present by thsi
proxy, J. W. Calder. THAI there wss n
Qnorum of the board present ~ that tim
competsnt % act In matter Of account Il
aud that the pretended action OF the sai
| board In allowing sad account and orderin
. due bill to be given for IL. and the due hil
sosd and 81 no LEGAL ioaoe
That on the is.h OF pecemher. ls7s, az
caile meeting of the board Of directors q
csasr y BIS sssn. as
dsr, in substance - follows;
OFFICE ~
j. DALxAs AAD WICHITA RAILEoAD 90.
Al q cali meeting Of the dirsctors Of q
Daitna and WtehfsA railroad company :
! ssTy omcs IL ses casy g D.Lss ca she ies