New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-30
THE COURTS.

4 CERTIFICATE FOR RAILWAY STOCK.
DECISION by JUDGE BLACKBOARD IN AZ IMPoR-
TINT sUIr-DEMURRERs TO The COMPLAINT
ALLOWED
Judge Batchford Yesterday handed down
In "a, United states Circuit Court decision allowing
the attendants demuuers TO the complaint In the suit
Brought by Edward s Dakn and George W. D. Dakn, as
administrations OF the estate OF Henry NJ Dakn, against
the Union Pacific Railway Company. the Kansas Pacific
RAILWAY Conn any. the Denver Pacific Railway and Tel
egrarh Company, the Union Pacific Railroad company
Unon Trust Company. of New York. and Jay Gould
Tile suit was brought to compel the defendants to ac-
ee2; certificate for los 600 shares of the capital stock
of the Lcavenwor;h, Pa vince and Western Railroad
Company held by the plaintiff and TO transfer the same
on ire books OF tho Kansas Pacific Railway
Company the plaintiffs. The complaint sets forth
that The certificate was originally Issued TO James C.
Stone: that he sold il TO John c. Fremont for S2OOooo
and thai Fremont sold Henry NJ. Dakn. now dead
his alleged that about 1864 Samuel Hailett' a CON
tractor for the construction Of the Leavenworh, Paw
nee ond Western Railroad. and John ID Perry OF 81
Louis No conceived the design OF obtaining control
OF The franchises of the company. which 1t
tbeu appeared, about 10 become vaua-
bic in consequence OF legislation by Congress Halett
secured from assignment OF all his interest in
the certificate notwithstanding that he had already sold
Fremont Rival Boards OF Directors were elected
and existed for several years contest for the Govern
Uer. subsidy onsued az Washington, which resulted in
favor o. the Iiallett party The Lcaveuworh, Pdwhee
snd Western Railroad became known the Kansas
Pacific Railroad and since then there has been eOntnu
litigation the rightul ownership Of tue
stock OF tae COMPANY This suit was brought IN the
Supreme Court OF tha state OF Network IN February
last bat month later removed to tne United states
ConTts
Jl1ge Batehogds decision is on the defendants de-
nugrcrs 20 tlc annexed bill Of complaint The decision
gs follows:
general demurrer 70 the amended bin in this
rV, M by tu, Union PsclHc FAcine Railway Company
fud tRe Denver Pac nc Railway anu Telegraph Com
paiy on want ~ equity A general demurrer 40 tie
yicse demurrer, mas: be allowed. Il appears
iacc u TIE certificates on which the plaintiffs claim -
iascd af Of stock named ga 10 subject 10
go, ,' iy an. ono ~ + G s"ats S5scrIqtiou
which represented said certificate much less MAT
HE suJ'crltttCu Aas been p"ic III iIi. lie
9ls,a. ASK 10 have iul paid stock in place Of tbs
acre .ubscrly.1o 10 stock without showing the pay
meut oi thing ior tac Subscription, or offering now
pty any thing THIS defect strike. at the root o. The
equitable rHef asked ior. Moreover. the bnl SHOWS
ttit one Ha'lett claimed an inttet III tLe Shares
ulsso I said certificate aad tuat STOCK vas issued -
s % On" amount of the sborc, uanl.d IN said cerli
",fioIJtous sued hrreih Ne' toe ltt-hS H. +ouins
sI.u stack hot Ilace defendants. Tie b makes /
rr, OF stock WitEolt those wEo resent the
Ga issued T. H.dett. A. iho entire gronhd Tor
sWaple relief fail, the Dill ctrnot Ice tcJaiLcd to re-
cover damages II the plaintiffs have clam Tor any |
GaHases they must sue 81 law.
came INTO this coar sp cc relief Is asked against MN
by lie Htueaoed h'i "nitn was iHi .Ssn VA '.e com
Gulio, htctu,e lac cUzeu o. he same STATE win
ur Uaiutifs. Tuis demurrer Is allowed.
Iuo Kansas Pacific Railway Company has filed !
paper calls Iis thr rlc. ad answer IN support
therrof' Vurn Follows what j. announced It uc but
really answer, winch admits certain allegations o.
the hi makes 'r3in Ucuts and then denies
each aud O,h"r allegation o. aNcrmcnt IN the
amended bli of complaint herein co tam q, Hoi !
h,r,mbrfOie specifically admitted denied Tia, an
syeI thus covers the ~n"ie D'l Inn ioi''v HeNth
pleas. Wncu are pleaded IA bt 10 the wnoe hi. IN"
u..ia,ifs order bat the demurrer OF tic
Union P..h Raj way Company tby when Is iAc.Dt the
demurrer q. ANA tas Ut TWO companies
wau iul III demurrer DC dtclrt" to De over
ri "a pleas vi tue k.l~ds Pdc lie Railway Com
Dany. NJ authority cleG for he pIU0 iu0n mat the
demurrer attendant be hed 10 DC olerrucd
BIZ tie plet another t-nCaHt, and Hn ~
gGneut Is -. rcd support Oi The motion. !
TIE piai ltli.- also order that he Plea 81
The Kaus Pacific Railway Fomptly D." OVetrte IL on
the srouuG that III. ,he wuul bill. aud
that pleas baI pray Judgment whether tue sad
s;la BE- pc led IT, maxi any further an
sS,r TO TIE .uc. v bin On the authority If tue
D.. rgu,ou against or tre Hca.t, against PJgo md
i.l.s against Dayton thr motion must % staHd aud
iir lea uIust bee stricken UUt.
The dcrnurrers allD ~td Owci with COST. bt tae
plaintiff, fa}, ieI Rue 50 Equity, NOV fox cave
mead their .ili.
l. l. Andfr saiid j. X Porter tae plaintiff; \. ii.
I,otues AND J. F.. DliOu the dcfCuCau,s