Imágenes de páginas
PDF
EPUB

the said orders or decrees of this Court according to the rights, interests and equities of the parties interested therein, and that this Court will direct all persons in possession of the property of this defendant or any part thereof, to surrender the same to such Receiver or to hold such property under said Receiver.

[blocks in formation]

CHARLES E. WARREN, being duly sworn, doth depose and say that he is the Secretary of the New York City Railway Company, the defendant in this suit; that he has read the foregoing answer to the bill of complaint in this suit and knows the contents thereof and that the same is true to his own knowledge except as to the matters therein stated to be alleged upon information and belief and that as to those matters he believes it to be true.

[blocks in formation]

FORM XXXIV.—AMENDMENTS TO BILL IN EQUITY.

[119 Fed. 217.]
[TITLE.]

And now, February 24, 1902, complainant, by leave of the court, amends its bill of complaint by adding to the said bill the following paragraphs:

1. Your orator further shows that it has caused to be printed and inserted in the several copies of each volume of every edition of the said book called 'American and English Encyclopædia of Law, Second Edition,' and in the several copies of each volume of every edition of the said book called 'Encyclopædia of Pleading and Practice,' on the page immediately following the title pages thereof the word 'copyright,' together with the year the copyright was entered, and the words, 'Edward Thompson Company,' as required by law.

2. "Your orator hereby waives all penalties or forfeitures to which the respondent might be liable by reason of the alleged infringement of complainant's copyright and unfair competition with complainant's work, and, elects to proceed against the defendant only for an injunction and accounting."

Complainant further amends its said bill by withdrawing and striking from its bill the following prayers for discovery and relief, namely: "And especially to answer and set forth:

"1. The date of the publication of each of its said volumes.

2. The number of copies of each of its said volumes published.

3. The number of subscribers to its said volumes, and how many of said volumes have been sold, and the price at which they were severally sold.

"4. How many of its said volumes are still in the possession of and in the control of the defendant.

"And that all of said books published as aforesaid, and the stereotyped plates thereof be declared forfeited to and for the benefit of your orator, and that the defendant be required to surrender and deliver the same to your orator.''

EDWARD THOMPSON COMPANY,
By JOHN W. HILTMAN,

Treasurer.

WALTER LARGE,

Solicitor for Complainant.

Office and Post Office Address, Temple Court,

Borough of Manhattan, New York City.

FRANK P. PRICHARD,

Of Counsel.

UNITED STATES OF AMERICA,

Southern District of New York.

88.

John W. Hiltman, being duly sworn, deposes and says that he is the treasurer of the corporation, the complainant above named, and is familiar with its business; that he has read the foregoing amendments to the bill of complaint herein and knows the contents thereof, and that the same are true to the knowledge of deponent, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes them to be true.

JOHN W. HILTMAN.

Subscribed and sworn to before me this 24th day of February, 1902. GEO. BABCOCK, Notary Public.

[SEAL.]

FORM XXXV.-PETITION FOR INTERVENTION IN STOCKHOLDERS' SUIT WITH ALLOWANCE THEREOF.

[Granted 154 Fed. 142 in which the author was counsel.]

In the Matter of the Petition of Walter Althause for leave to Intervene. To the Honorable William L. Putnam, United States Circuit Judge, and to the other judges of the District Court of the United States for the District of Maine:

The petition of Walter Althause, who is, and at the time of the com

4161

mencement of the suit in equity herein described was, a citizen and resident of the City, County and State of New York, respectfully shows:

1. On or about the 13th day of February, 1906, one Henry B. Snyder, a citizen and resident of the State of New York, duly began a suit in equity in this court and filed in the office of the clerk thereof a bill in equity in such suit against the DeForest Wireless Telegraph Company, the American DeForest Wireless Telegraph Company, the Atlantic DeForest Wireless Telegraph Company and the DeForest Occidental and Oriental Wireless Company. The said suit was brought by the said Snyder on his own behalf and on behalf of all other stockholders of the DeForest Wireless Telegraph Company who may come in and contribute to the expenses of such suit. In the said suit all the said defendants have been served or appeared; and all of the said defendants have filed in the office of the clerk of this court on the 16th day of June, 1906, pleas, demurrers and answers to such bill in equity. In such suit and on or about the 2d day of March, 1906, the Honorable William L. Putnam, United States Circuit Judge, granted a restraining order restraining the said defendants, and their officers, agents and servants, from transferring and incumbering various letters patent of the United States therein described and the wireless laboratory in the State of New Jersey formerly in the possession of the said DeForest Wireless Telegraph Company and the wireless telegraph stations on the Atlantic seaboard and from issuing and selling any bonds which purport to be secured by pledge of or mortgage upon any of the said property. On or about the 13th day of February, 1906, the said Honorable William L. Putnam, United States Circuit Judge, granted an order to show cause in such suit why a receiver of the property of the said defendants should not be appointed therein and directed that the same be published in the Portland Eastern Argus and in the New York Sun, which order to show cause was so published in accordance with the directions thereof; and the motion for such receiver under the said order to show cause has been from time to time adjourned and is still pending undetermined. Exceptions to the said answers for insufficiency have been filed in the office of the clerk of this court and rules setting the said demurrer and plea for hearing have been forwarded to the clerk thereof.. No subsequent proceedings have been taken in such suit for the reason, as your petitioner has been informed and believes, that the plaintiff in the said suit has been unable to make service of a subpœna upon Abraham White, alias Abraham Schwartz, the president of certain of the said defendants and has been unable to take his testimony, which is material to prove the plaintiff's case in the said suit.

2. Your petitioner is a holder in his own right of 900 shares of stock of the DeForest Wireless Telegraph Company, which he has acquired for value. Said shares of stock are of the value of $10 each; and upon information and belief, each of said shares is of the value of at least the par value of the same provided that the relief prayed in said bill in equity by said Snyder for the benefit of the stockholders of said corporation is granted. Fifty of said shares are in a certificate in the name of Henry

B. Snyder. Your petitioner acquired said shares in or before the month of November, 1903, before the acts, of which complaint is made in said bill. Your petitioner has been unable to procure a transfer of said shares to his own name on the books of said corporation; for the reason your petitioner has been unable to learn where the office and where the transfer books of the said corporation are situated, and the names of any of its officers, except the defendant Galbraith. The said Galbraith has testified in a proceeding in the case hereinafter described: that he is vice president of the said DeForest Wireless Telegraph Company; and that he does not know of any office occupied by said corporation since January 1st, 1904; and that he does not know where to locate the books of the company. The defendant Butler has testified: that he was formerly secretary and treasurer of said corporation, and that the defendant Schwartz, alias White, was formerly president thereof; that they have since resigned as officers and directors; and that so far as he knows, no one has been elected to succeed either of them; that both of them have resigned as directors; that he knows of no directors of said corporation, except said Galbraith. Moreover, the defendant Schwartz, alias White, and the other defendants, except said DeForest Wireless Telegraph Company have seized possession of the assets of the same, and their character is such that your petitioner believes that if your petitioner should surrender the said certificates of stock to them, or to anyone of them, the same would never be returned to him unless he obtained an order of the Court for said purpose.

3. Your petitioner wishes to intervene and join in said suit as an additional party plaintiff therein; and he is ready and willing and hereby offers, in my office, to contribute to the expenses of the said suit, his just proportion thereof, to an amount which the said Court shall deem proper. Wherefore your petitioner prays that an order may be entered allowing your petitioner to intervene in said suit as an additional party plaintiff in the same; and for such other and further relief in the premises as may be just; and your petitioner will ever pray, etc.

JAMES A. ALLEN,

Solicitor for Petitioner,
35 Wall Street, New York.

Of which petition Mr. Verrill, attorney for Respondents, who appears in open court, has notice and acknowledges receipt of copy. And on the 4th day of February, A. D., 1907, the said Walter Althause, Dec. 20, 1906, the same intervention not to effect any right of any respondent to have the bill dismissed or otherwise disposed of which stockholder, is made party plaintiff, by intervention per petition filed accrued before the petition was filed.

4163

FORM XXXVI.-ORDER OF SUPREME COURT FOR INTERVEN

TION, INJUNCTION AND RECEIVER.

[State of Oklahoma v. State of Texas, 252 U. S. 363.]

[Title.]

This cause coming on to be heard on the motion of the United States for leave to intervene herein for an injunction and for the appointment of a receiver, and on the responses made to such motion by the State of Oklahoma and the State of Texas, respectively, and the court being fully advised in the premises,

It is now considered, ordered. and decreed as follows, until the further order of the court:

1. That said motion for leave to intervene herein be, and the same is hereby, granted.

2. The defendant, the State of Texas, her officers and agents, are hereby enjoined from selling any purported rights or making or issuing any grants, licenses or permits to any person, corporation or association covering or affecting any lands, or any part of the bed of Red River, lying north of the line of the south bank of such river as said south bank existed at the date of the ratification of the Treaty of 1819 between the United States and Spain, that is to say, on the twenty-second day of February, 1821, and between the One Hundredth degree of West Longitude and the southeastern corner of the State of Oklahoma.

Here was inserted description of land.

Thence continuing up said River along the foot of the Texas bluffs as the south bank, through Ranges 15 and 16 to the intersection of the west boundary line of Range 16 extended to the foot of the Texas bluffs.

3. Thence north along said boundary line of Range 16 to mid channel of said River as the same meanders through the broad stretch of sand which in some places extends to and is bounded by the bluffs on either side and in other places by the margin of the alluvial flood plain on either side, and which is covered with water at times of freshets and entirely devoid of flowing water during the annual dry seasons, and of all machinery, fixtures, tools and other property of whatever kind or character now on said lands and used in connection with the extraction, storage, transportation, refining or diposal of the oil or gas products of said lands. And the said receiver is hereby authorized and empowered to take possession of said lands and property forthwith, to take all appropriate measures to conserve the oil and gas within such lands and to control all operations thereon for the production and disposal of such oil and gas.

4. Within thirty days after taking possession the receiver shall formulate and report to this court full and complete plans for prospecting such lands and developing and producing the oil and gas within the same; and until such report is made and acted upon by the court the receiver shall operate the existing oil and gas wells on said lands, or permit them to 'be operated by their respective claimants under his direction and super

« AnteriorContinuar »