Page:Federal Reporter, 1st Series, Volume 3.djvu/729

722 FBDERAIi EBPORTEB. �whîcîi may cr may not take it out of this principle, There was, for example, no attempt at concealment; the beneflts secured did not flow to the individual, but to the office; and there is no evidence that it amounted, in point of fact, to a pecuniary sum whose influence would be at ail appreciable. �7. Questions of Doubt Postponbd Uktil Final Hearing. — A contract will not be set aside on preliminary hearing on the ground of its invalidity, exoept in a clear case ; and since the objections to the con- tract in question may be removed on final hearing, they wUl not, at present, be regarded as fatal to it. �In Equity. Motion to Dissolve Injunction. �0. P. Beckwith and N. Williams, for plaintif. �Wager Swayne, John T. Dillon, J. P. Usher, and Everest e Waggener, for defendants. �Miller, C. J. The suit in this case was brought by the Western Union Telegraph Company in one of the state courts of Kansas, and, on application to a probate judge of the proper county, an injunction was allowed, wbich it is the par- pose of the present motion to dissolve. The laws of Kansas make the indorsement of the county judge, on the petition, that an injunction is allowed, to bave the same effect as in the courts of the United States, in equity proceedings, is allowed to a writ of injunction regularly issued under the seal of the court. �The county judge made such an indorsement, allowing the injunction as prayed for by the bill. The prayer of the bill was in substance to restrain the Union Pacific Eailway Com- pany, the Kansas Paciûc Eailroad Company, and the Amer- ican Union Telegraph Company from interfering in any manner with the telegraph wires and other appartenant appa- ratus of the Western Union Telegraph Company. The allega- tion on which the allowance was made, was to the effect that the defendants were about to sever the connection between the wires of the Western Union Telegraph Company and its batteries, so that they could not be worked by the telegraph Company, and to connectthose wires with the batteries of the American Union Telegraph Company and with batteries of the Union Pacific Eailroad Company, and thus destroy the utility of those wires for the purposes of the Western Union ����