Morshead v. Southern Pac Co.

S.D. New York

Morshead v. Southern Pac Co.

123 F. 350, 1903 U.S. App. LEXIS 4908

CourtDistrict Court, S.D. New York

DecidedMay 7, 1903

StatusPublished

Cited by2 cases

This text of 123 F. 350 (Morshead v. Southern Pac Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morshead v. Southern Pac Co., 123 F. 350, 1903 U.S. App. LEXIS 4908 (S.D.N.Y. 1903).

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Opinion

EACOMBE, Circuit Judge.

The first prayer for relief is “that the deeds, conveyances, and instruments of transfer given in 1899 by the Central Pacific Railway Company be decreed to be fraudulent, [351]*351void, and of no effect,” and every other relief prayed for in the bill is based upon the setting aside of such conveyance. The plaintiffs are stockholders of the Central Pacific Railroad Company. To such a suit the railroad company is an indispensable party. Davenport v. Dows, 18 Wall. 626, 21 L. Ed. 938. It has been named as a party defendant in the bill, but it has not been served, nor has it appeared. It is therefore not before this court upon this application, and in its absence the court will not examine into the merits of an application which must be denied for defect of parties.

Motion denied.

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EACOMBE, Circuit Judge.

The first prayer for relief is “that the deeds, conveyances, and instruments of transfer given in 1899 by the Central Pacific Railway Company be decreed to be fraudulent, [351]*351void, and of no effect,” and every other relief prayed for in the bill is based upon the setting aside of such conveyance. The plaintiffs are stockholders of the Central Pacific Railroad Company. To such a suit the railroad company is an indispensable party. Davenport v. Dows, 18 Wall. 626, 21 L. Ed. 938. It has been named as a party defendant in the bill, but it has not been served, nor has it appeared. It is therefore not before this court upon this application, and in its absence the court will not examine into the merits of an application which must be denied for defect of parties.

Motion denied.

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Bluebook (online)

123 F. 350, 1903 U.S. App. LEXIS 4908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morshead-v-southern-pac-co-nysd-1903.

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