Page:Federal Reporter, 1st Series, Volume 6.djvu/799

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

FAEGO V. L., N. A. <fc C. ET. 00. 787 �Another satisfactory answer to this objection is the fact that, upon the evidence now in the case, or that is ever likely to be, and the knowledge wfiich is open to every one, that in ail probability this injunction must be finally sustained. If the injunction is not now issued, and the defendant is allowed to go on and finish the bridge before the final determination of this suit, it would then have to be removed, if the court so adjudged, as it probably would, unless congress, in the mean time, should see fit to authorize it, as it did the Wheeling bridge, which, considering the character of the obstructionj is not at ail probable. �The amount of the bond to be given by the plaintiffs I will leave to be settled before the district judge. �Dbady, D. J. For the convenience of parties, I now say that I think the bond ought to be given in a sum not exceed- ing $25,000, and that, unless cause is shown to the contrary, the order of the court will be that the injunction issue upon the plaintiffs giving bond in that sum, with sufficient sureties, to be executed before and to the approval' of the master of this court, Mr. William B. Gilbert. ���Faboo V. Thb Louisvillb, New Albant & Chicaok) By. Co. �(Oireuit Court, JD. Indiana. May 3, 1881.) �1. Joint-Stock Comipamt — Citizenship — Suit in Name op President. A New York joint-stock Company possessing the riglit, by the law under which it was organissed, to sue and be sued in the name of its president or treasurer, is a citizen of the state of New York in th© same sense that corporations are citizens of the states under wliose laws they are organized ; and such joint-stock company may, by the comity of states, sue and be sued in the name of such offlcer in the federal courts as a citizen of New York, even though shareholders of such joint-stock company are citizens of the same state as the adverse party to the suit. �2 Same — Cobporate Fbakchiseb. �In determining what such joint-stock companies are, regard is to be had to their essential attributes rather than to any mere name by ��� �