Joseph McKenna

“ But the finding of the court, that there was no combination between defendants having claims to the jurisdictional amount, is contested. 'The specific and material charge is,' counsel say, 'that there was an agreement or understanding between the defendants on the one hand and the administrator on the other.' And it is contended further that parties may 'conspire through their attorneys as well as in person.' This may be conceded, but the attorney must be the agent of all to bind all, and the testimony does not establish such agency. ”

“ Those orders were conclusive against the plaintiffs, as to all the claims, if the claims could be allowed at all against the estate of Hiram Evans. A comprehensive decree by which the plaintiff can be protected against those orders will avoid a multiplicity of suits, save great expense, and do justice. If the plaintiffs do not prove such a combination and conspiracy, in respect, at least, of so many of the specified claims as, in the aggregate, will be of the required amount, then their suit must fail for want of jurisdiction in the circuit court ”

“ He and they were available witnesses, and as the burden was upon appellants to establish the charge of the conspiracy, which was the foundation of the suit, the presumptions are against appellants' contention rather than for it. ”