Henry Billings Brown

“ These cases are quite distinguishable from those which hold that an action may be maintained for a lump sum though each sum when collected may be subsequently distributed among various parties, each receiving less than the jurisdictional amount. ”

“ We are of opinion that this is a defense to the merits of the case, and is no ground for the dismissal of the appeal. It would hardly be contended that, if this decree of the state court had been propounced before the bill was filed in the Federal court, the appeal would be dismissed upon motion upon that ground; much less that it could be set up as ground for dismissing an appeal to this court. The case is not different, if the decree, instead of being rendered before the bill is filed in the Federal court, is rendered after such a bill is filed, and pending suit. ”

“ The latter bonds and note are averred to have been paid for at par in good faith, and to be secured by a paramount lien, and in reliance upon the charter as valid, and upon the mortgaged premises as being free from taxation for twenty years. It is not averred in the bill that the Canton Company has ever refused to sue, or has in any way been requested to sue by the appellant, or by anyone else. ”

“ This was also a bill by the Illinois Central Company against the revenue agent and railroad commission of the state, and against the Yazoo & Mississippi Valley Railway Company, to enjoin the assessment of taxes on railroad property formerly belonging to the Natchez, Jackson, & Columbus Railroad Company for the years 1886 to 1891 inclusive. The plaintiff sued as owner of all but four shares of the capital stock of the Yazoo Company, which company in turn owned a large part of the capital stock of the Louisville, New Orleans, & Texas Company, of which plaintiff was a large bondholder. ”