- CENTRAL TRUST 00. ·v. wABAsH, sT. L. & R. RY. co. 3
against any of the defendants first above enumerated, until there
shall be a final decree rendered in the cause hereby directed to be
framed and put upon the equity docket of this court.
And it further appearing to the court, by the admission of all par-
ties in open court, that the plaintiffs have a suit against the said
North Carolina Home Insurance Company, touching the same sub- .
ject-matter now pending in the superior court of Surry county, in the
state of North Carolina, it is further ordered and decreed, in pursu-
ance of the court’s intention, that the rights of all the parties in in-
, terest may be equally and fully administered, that the said plaintiffs
be enjoined, and they are hereby enjoined, from further proceeding
in said cause until said final decree may be rendered in this court `
sitting as a court of equity; and in the mean time that this cause,
together with the other causes now pending in this court between the
said plaintiffs and any of the said insurance companies, remain and
be upon the law docket of this court, until the further order of this
court, and, on motion of counsel for each and every one of said insur-
ranee companies, they are allowed to be made, and are hereby made, ,
parties defendant to this cause as transferred.
CENTRAL TRUST Co. and another v. Wsmlsn, ST. L. & P. Br. Co.
and others, and another, Intervenor}
(Oircuit Oourt, E. D. Missouri December 10,1885.)
Rmomvmns—Psnnrss1oN ro Cnoss Tmcxs or RAILROAD no Ln Tnnox m
FRoN·r on DEPOT.
Temporary permission granted arailroad company to construct and operate
its road in front of a depot, and across tracks o road 111 receivers' hands.
In Equity. Intervening petition.
The intervenor alleges that it is a corporation, and has been au-
thorized by an ordinance of the city of St. Louis to construct its track
through said city along a designated route, and that the construe- ‘
tion of its track along said route will necessitate its crossing the
tracks of the Wabash, St. Louis & Pacino Railway Company, now
in the hands of receivers, at several places, and asks permission to
lay its track, and cross the Wabash tracks, where necessary, upon
payment of damages. The receivers and the defendant, by their
separate answers, allege that the ordinance referred to in the inter-
venor’s petition is void; that at the time it was passed the inter-
venor was not incorporated, and was consequently unable to take any
thing under such an ordinance; and that the construction of the in-
*Reported by Benj. F. Rex, Esq., of the St. Louis bar.