Page:Federal Reporter, 1st Series, Volume 5.djvu/678

666 FEDERAL REPORTER. �been paid by any one on J. C Stone's sabscription, which i? represented by said certificate, much less that the 8ul)scrip- tion bas been paid in fuU. The plaintiffs ask to have f ull- paid stock in place of this mere subscription to stock, with- out showing the payment of anything for the subscription, or offering now to pay anything. This defect strikes at the root of the equitable relief asked for. Moreover, the bill shows that one Hallett claimed an interest in the shares named in said certificate, and that Stock was issued to him to the amount of the shares named in said certificate, which stock so issued is recognized as valid by the corporations sued herein. Yet the persons now holding said stock are not made defendants. The bUl makes such a case that the plaintiffs can bave no place as holders of stock without displacing those who represent the stock so issued to Hallett. As the entire ground for equitable relief fails, the bill cannot be re- tained to recover damages. If the plaintiffs bave a claim for any damages they must sue at law. �Jay Gould has been made a defendant since the suit came into this court. Specifie relief is asked against him by the araended bill, which was not asked in the complaint'in the state court. He demurs for want of jurisdiction, because he is a citizen of the same state with the plaintiffs. This demurrer is allowed. The Kansas Pacific Eailway Company has filed a paper which calls itself "the plea and answer in support thereof." Then foUows what is announced as a plea, but is really an answer, which admits certain allegations of the bill, and makes certain averments, and then "denies each and every other allegation or averment in the amended bill of complaint herein contained, not hereinbefore specifically ad- mitted or denied." The answer thus covers the whole bill. Then foUow several pleas, which are pleaded in bar to the whole bill. The plaintiffs more for an order that the demur- rer of the Union Pacifie Eailway Company (by which is ineant the demurrer of that company and the other two companies who join in the eame demurrer) be declared to be orerruled by the pleas of the Kansas Pacific Eailway Com- ����