Bogert v. Southern Pac. Co.
District Court, E.D. New York
In Equity. Bill by Henry E. Bogert and others, as executors of the will of Walter B. Lawrence, deceased, suing on behalf of themselves and other stockholders of the Houston & Texas Central Railway Company similarly situated, who may come in and contribute to the expenses of the action, against the Southern Pacific Company. Hearing on pleas interposed in defendant’s answer.
1Opinion of the Court
CHATFIELD, District Judge.
Final hearing has been had upon certain pleas interposed in the answer of the defendant, and which, if any one be sustained, will make unnecessary determination of the *219general issue on the claimed right to an accounting because of infliction of damage by the acts of the defendant, which are alleged to have been illegal and fraudulent.
The first plea has to do with the question of. parties. It was previously held, in the case of Lawrence v. Southern Pacific Co. (C. C.) 180 Fed. 822, that necessary parties were absent, and appeal from the judgment of dismissal therein…
2Cases cited51 opinions
- Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
- Davenport v. DowsSupreme Court of the United States · 1874
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Central R. Co. of NJ v. MillsSupreme Court of the United States · 1885
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3Cited by2 opinions
- Bogert v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1917
- Bogert v. Southern Pac. Co.District Court, E.D. New York · 1915