The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-11-02
Important Supreme Court DscIs-
Ions.

WAsHIHaToN, November IA de-
cision was rendered by the Supreme
Court OF the United states today in
o series OF CAGES known aB the Pacific
National Bank caees, brought here by
appeal from the United States Circuit
Cour; for tho District OF Massachu.
seits. These were suits instituted by
the Reoeiver OF the ~insolvent Pacific
Ea!ional Bauk Of Boston, agsinst the
stockholders Of that bank to enforce
peraoual liability for al assessment Of
loo per cent. upon the shares of both
the original and the increased capital
stock Of the bank standing upon it's
books In their names. The stock
holders maintained when the
cases were tried in the court below,
that they were not liable on the share
OF increased capital stick he'd by
them for the reason that the increase
Of the capital Il $4,000 to 1851, 900
was unauthorized and illegal, and
they were not parties to II. This
court holds that the at .ckholders are
liable upon their shares Of increased
capital stock that the defenses at law
and the alleged ground of relief in
equity are alike insufficient, and that
the Judgment and deoIVes OF the Cir
cult Court in favor Of the receiver
must be affirmed in all the cases, and
IL is 80 ordered. Thia decision covers
ten cases in this court and several
pending suits In the courts Of MasoR-
chusetls. Tho opinion was delivered
by Justice Mat hews.
Another decision was rendered by
the Cont today in the original case
of the Phoenix Iusuranca Company et
al against Charles Il Dyer, judge OF
the United States Ds,uct Court for
the Eastern District Of Wisconsin.
This case, which is q petition 10 this
Court for o writ OF prohibition arises
out Of sn seton instituted by the
Goodrich Transportation Company,
in the Wisconsin District Court, TO
limit it's liability - owner Of the
steamer 0conto Tor damages caused by
fire due 10 sparks from the chimneys
of that vessel while she passing up
Fox river on her way 10 Green Bay.
The Phoenix Insurance Company and
the other plaintiffs now ask this
Court to grant a writ Of prohibition TO
restrain the Judge Of the District
Court from further proceeding, on the
ground that tia. Court is without
Jurisdiction to grant the relief fought
by the owners Of the steamer. This
Court holds that there ia nothing
in the admiralty rules which warrants
the jurisdiction OF the District Court
of Wisconsin, and that the case Is
clearly one Tor a writ OF prohibition,
The writ will, thoreIore, be issued
This Court dots not, however, decid,
the question whether or not the stRtu
tory limi alton OF liability exiends L
the damages caused by the flte qles
ton By as ~ be enforceable ia an up
proprlste court Of compst tent jurielic
too, Opinion allowed by Just.c.
Blatehford
Motions we're made in the UuiteC
States Sdptemo Court today TO adj
vance and hear t-gether %immediatoll
after the February recess all the case
o on the docket OF this court whicl
involve the great telephone coutro
versy. Counsel stated TO the Cuur
that the r. cords in these cassn com
prise %, 900 octave pages Of PRINTED
mater and that the Argument, if a.
ths cases bs heard together, will oC
cupy a week CT more.
The Court took the motion uude
AMUSEMENT.
The records ia these cases are n
moat voluminous ever presented I
the Court. Copies enough Of tn
record to supply all Tho Justices in I'll
SINCE cass Of the People Telephon
Company vs Tho AmeLi, an Bell Com
pany occupy nearly fifty cubic feet
space.
Toe numbers and titles of the css2
are as follows: Nos. ll3, Amos ]
Dolbear VS. the American Bell Tel,
phone Company, appeal from the On
cult Court Of the United s ates for ia
District Of Massachusetts; 6B7 and 06'
rvv