Savannah morning news. [volume] (Savannah) 1868-1887, 1882-02-08

certificates to said railroad and banking
company; that a meeting OF the directors
of said company VIII be held on the eighth
day of February, 1882, at which steps Will
be taken to distribute such certificates
among the stockholders Of said railroad
and banking company, and among the
stockholders of the said Southwestern Rail
road Company, unless such proceedings are
restrained by this honorable court. And
your orators expressly charge that such pro-
posed distribution of the certificates, by
said railroad and banking company, would
be ultra wires illegal, without authority Of
law, and contrary to public policy and the
laws and constitution of this State; and
your orators aver thst the irreparsble injury
apprehended will be done to your orators II
an immediate remedy is not afforded.
In consideration whereof, and for as much
as your orators are entirely remedyless BY
the strict rule Of the common law, and can
only obtain adequate relief in a court of
equity where matters of this kind are re-
lievable, to the end, therefore, that the
said the Ocean Steamship Company of
Savannah, IT'S officers, servants and agents,
and said J. +. Gilmer, Edward G. Anderson,
E. Porter Alexander and Charles II. Phinizy,
may be restrained aud perpetuslly enjoined
from issuing or attempting to issue any of
the said certificates or any like instru-
a&1Al vi 9A1 RAEN@1
whatsoever, whereby any Of the earnings Of
said corporation may be or attempted to be
guaranteed, pledged or promised to any
person or corporation; and If any such or
similar certificates have been issued by said
corporation and delivered to said the Central
Railroad and Banking Company Of Georgia,
that the sam may be cancelled and declared
to be null, void and Of no effect, and
the said Railroad aud Banking Company,
IT'S officers, agents and servants, may be re-
strained and pe%rpetually eDjoined from re-
ceiying any such certificates, and from dis
tributing them among It's stockholders and
the stockholders of the said Southwestern
Railroad Company, or otherwise disposing
OF the same In any manner whatsoever, and
as the injury apprehended will be done If
an immediate remedy is not afforded, that
the parties complained of may be tempo
rarily, and until the further order OF the
court, restrained as hereinbefore prayed,
that the defendants may be required to
answer this bill discovery under oath, being
expressly waived from them and each of
them; and tina your orators may have such
other and further relief as the nature Of the
case may require.
May it please your Honor to grant unto
your orators the States writ Of in
steamship company and its said
directors, restraining and perpetuslly enjoin-
ing them from issuing or attempting to
issue any OF the said certificates, or any like
instruments, or any papers or instruments
whatsoever whereby any Of the earnings of
said corporation may be or attempted to be
guaranteed, pledged or promised to any
person or corporation, and likewise directed
to said railroad and banking company, re-
straining and perpetually enj0ining it from
receiving any such certificates or instru-
ments 10 writing or print, and from distrib-
uting any such which 1t may have received
from said steamship company or its said
direstors, among its stockholders and
the Southwestern Railroad Company,
or otherwise disposing of the
same In any manner whatsoever,
and that an order may be granted instanter
restraining them and each of them as here
inbefore prayed until the hearing or further
order of the court; and also the States writ
of subpoena, directed to said the Ocean
Steamship Company of Savannah to said
VIM. NJ. Wsdley, Edward g. Anderson, j.
F. Gilmer, T.. Porter Alexander and Charles
II. PhiniZy aud to said the Central Railroad
and Banking Company Of Georgia, requiring
them and each of them to be and appear
at the next term OF the Superior Court Of
said county OF Chatham, then and there to
answer all and singular the premises, and to
stand to, abide by and perform such decree
as may be rendered.
CHISHOLM & ERWIN,
Complainants' Solicitors.