Page:Federal Reporter, 1st Series, Volume 4.djvu/501

CHISBTBB ». LIFB ASs'N OV iMERIOA. 487 �Thîs long quotation has been given that the theory of defendant on thîs question may be understood. Concisely seated, it is that when it was inconvenient for railroads to do express business, express companies were fostered and en- couraged by them; but that ijow, as the businese had become profitable, and railroads could conduct it conveniently, and as no railway could allow two express companies on its line, the railroad companies should monopolize the entire business "on their lines, and, as some great lines had already done, dispense with the express companies and do the business themselves. Now, if in the field of fair competition the railroad has the advantages over express companies which are so forcibly stated by the general manager of defendant, and if, as he states, express companies had been encouraged and fostered by railroads until it had become a profitable business, making large retums to their stockholders, it would be unjust and most inequitable to allow railroad companies now, by unfair preferences, or the assumption of superior power and authority, to drive them from their lines that the railroads might do the business. �Under the views I have taken of this case a preliminary injunction must be awarded, continuing, until the further order or decree of the court, the provisions of the restraining order heretofore granted in the cause. ���Chbstbb ». Thb Life Ass'n of America and othera. {Circuit Court, W. D. Tennessee. , 1880.) �1. Bquitt Pbacticb— New Paetibb— Rbvivoh.— A bill having become �detective by the dissolution of a defendant corporation, it is proper practice for the plaintiB to bring in the statutory assignee by a sup- plemental bill in the nature of a bill of raviver. �2. Samb — Petition to Become a Defendant.— The assignee of an �insolvent and dissolved defendant corporation cannot, upon his own petition, become a defendant against the consent of the plaintifiE, ■where his only interest is to efEeot a dissolution of an injunction, , ����