Dady v. Georgia & A. Ry.

Citations

• 112 F. 838
• 1900 U.S. App. LEXIS 4963

Syllabus

<p>1. Courts—Several Actions—Jurisdiction.</p> <p>Wiiere a railway system, composed of several companies, with continuous lines, extending through several states, is sued by the same stockholder or his privies in separate proceedings in different judicial districts of the United States, to defeat consolidation and break up the system, a proper regard for the dignity and authority of the United States courts demands that the controversy should be disposed of in the first United States court having sufficient jurisdiction of the parties and cause of action.</p> <p>2. Same.</p> <p>In the matter under consideration it appears that the complainant and those acting with him have presented bills in several circuit courts of the United States along the line of the respondent’s system, seeking to take the chances of a possible difference of judicial opinion, when the rights in controversy could have been properly determined in the circuit court of the United States for the Fourth circuit, sitting in the Eastern district of Virginia. The evil of this practice discussed.</p> <p>8. Same—Temporary Injunction.</p> <p>There are cases where each court must exercise its independent juris- ■ diction and render its independent decree, but it should be a very strong case which would justify a court of the United States 'to grant a temporary injunction when given sufficiently to understand that another such court, with concurrent jurisdiction, upon a plenary bill, has full charge of the same controversy, between the same parties or their privies, or has refused such an injunction.</p> <p>4. Railroads—Consolidation.</p> <p>Under the general railway law of Georgia, proper corporate action for the purpose of merger and consolidation of railroads is a majority vote of the stock of the corporation. Code Ga. § 2179; Alexander v. Railroad Go., 33 S. E. 866, 108 Ga. 151.</p> <p>B. Same—Voting Trust—Merger.</p> <p>Where an officer of a corporation is also a member of a voting trust, a merger or