Circuit Court of the United States for the western district of Wisconsin. WILLEM FREDERIK PIEK, HENRY R. PIER-) son, Moses Taylor, The Farmers' Loan and Trust Company, and The Union Trust Company. vs. GEORGE H. PAUL, JOSEPH H. OSBORN, JOHN W. Hoyt, A. Scott Sloan, and The Chicago and Northwestern Railway Com pany. In the seventh circuit. The demurrer of George H. Paul, Joseph H. Osborn, John W. Hoyt, A. Scott Sloan to the bill of complaint of Willem Frederik Piek, Henry R. Pierson Moses Taylor, The Farmers' Loan & Trust Company, and The Union Trust Company, complainants. These defendants respectively by protestation, not confessing or acknowledging all or any of the matters and things in said bill of complaint to be true in such manner and form as the same are therein and thereby set forth and alleged, do demur thereto, and for cause of demurrer show that the said complainants have not by their said bill made such a case as entitled them in a court of equity to any relief from or against these defendants by any or either of them, touching the matters contained in said bill or any of such matters. Wherefore, and for divers other good causes of demurrer appearing to the said bill of complaint, these defendants do demur to the said bill, and to all the matters and things therein contained, and humbly pray this judgment of the honorable court whether they shall be compelled to make any further or other answer to the said bill; and they pray to be hence dismissed with their reasonable costs in their behalf sustained. I certify that in my opinion the foregoing demurrer of George H. Paul, Joseph, H. Osborn, John W. Hoyt, and A. Scott Sloan to the bill of complaint of Willem Frederik Piek, Henry R. Pierson, Moses Taylor, The Farmers' Loan and Trust Company, and The Union Trust Company is well founded in law, and proper to be filed in the above cause. A. SCOTT SLOAN, Attorney General of the State of Wisconsin. I. C. SLOAN, of Counsel. UNITED STATES OF AMERICA, Western District of Wisconsin, ss: John W. Hoyt, being duly sworn, disposes and says that he has read the foregoing demurrer to the bill of complaint in this suit, and that the same is not interposed for the purpose of delaying said suit, or any proceedings therein. JOHN W. HOYT. Subscribed and sworn to before me this 8th day of July, 1874. F. M. STEWART, Clk. On this day, to wit, the eight day of July, in the June term. A. D. 1874, in the record and proceedings thereof in said entitled cause, before the honorable James C. Hopkins, judge, is the following entry: Decree. WILLEM FREDERIK PIEK, HENRY R. PIERson, Moses Taylor, The Farmers' Loan and Trust Company, and the Union Trust Company vs. THE CHICAGC AND NORTHWESTERN RAIL- And now again come the said complainants, by their solicitors, and also the defendants, by their solicitors, and the said Chicago and Northwestern Railway Company having failed to plead, answer, or demur to said bill, the same is taken as confessed against said company. And the said George H. Paul, Joseph H. Osborn, John W. Hoyt, and A. Scott Sloan having filed their demurrer to said bill, and the said demurrer having come on for argument, and it being agreed by the solicitors for both complainants and defendants that all questions of law, whether of jurisdiction or otherwise, shall and may be raised and considered under said demurrer; and the court being now fully advised in the premises, it is hereby ordered and decreed that said demurrer be sustained; and the said demurrer is sustained. And the complainants not asking leave to amend said bill, the said bill is dismissed at the costs of complainants, and this cause is stricken from the docket. Whereupon said complainants pray an appeal, which is granted upon the complainants, or any one of them, executing a bond in the penal sum of one thousand dollars, with Alfred Keep as security, said bond to be filed within sixty days. J. C. HOPKINS, Judge. On this day, to wit, the 18th day of July, A. D. 1874, said complainants, by their solicitor, filed in said court in said entitled cause their bond on appeal, which said bond is in the words and figures following, to wit: Known all men by these presents, that we, Moses Taylor, of the city of New York and State of New York, as principal, and Albert Keep of the city of Chicago and State of Illinois, as surety, are held and firmly bound unto George H. Paul, Joseph H. Osborn, John W. Hoyt, A. Scott Sloan, and The Chicago and Northwestern Railway Company, in the penal sum of one thousand dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this fourteenth day of July, A. D. 1874. The condition of the above obligation is such that whereas, on the eight day of July, A. D. 1874. a decree was rendered by the circuit court of the United States for the western district of Wisconsin, in the suit of Willem Frederik Piek, Henry R. Pierson, Moses Taylor, The Farmers' Loan and Trust Company, and The Union Trust Company, complainants, against The Chicago and Northwestern Railway Company, George H. Paul, Joseph H. Osborn, John W. Hoyt, and A. Scott Sloan, defendants, that the second complainants' bill should be dismissed, and that the said defendants should recover of the said complainants their costs in their defense in that behalf expended, from which decree of said court the said defendants then and there prayed an appeal to the Supreme Court of the United States, which appeal was allowed by said court upon the condition that the said complainants, or any one of them, should enter into bond, with Albert Keep as security, in the penal sum of one thousand dollars, conditioned as the law directs. Now. if the said complainants shall prosecute their said appeal with effect and without delay, and shall pay the amount of said decree, and all costs that may be adjudged against them in said suit, in case the said decree shall be affirmed in the said Supreme Court of the United States, then this bond to be void; otherwise in full force. MOSES TAYLOR. [SEAL. WESTERN DISTRICT OF WISCONSIN, SS: I, F. M. Stewart, clerk of the circuit court of the United States for the western district of Wisconsin, do hereby certify that I have compared the above and foregoing with the origional record and proceedings now remaining of record and on file in my office in the above-entitled cause, and that it is a correct transcript therefrom, and also a true copy of the bond on said appeal. In testimony whereof I have hereunto set my hand and affixed the seal of said circuit court in my office in the city of Madison this 29th day of July, A. D. 1874, and of our Independence the ninety-ninth year. [SEAL.] F. M. STEWART, Clerk. (Indorsement on cover:) No. 459. William Frederick Piek, Henry R. Pierson, Moses Taylor, The Farmers' Loan and Trust Company, and The Union Trust Company, appellants, vs. The Chicago and Northwestern Railway Company, George H. Paul, Joseph II. Osborn, John W. Hoyt, and A. Scott Sloan. W. Wisconsin C.C.U.S. Filed 6th August, 1874. TRANSCRIPT OF RECORD. IN THE CASE OF DE WITT C. LAWRENCE, et al., vs. THE C. & N. W R. R. Co., et al. [The record in this case is substantially the same as in the preceding, except that the action is brought in the name of the stock holders. Accordingly it is omitted from this volume.] COMMISSIONERS. TRANSCRIPT OF RECORD. IN THE CASE OF THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY Co, Plaintiff, in error, vs. ACKLEY & VILAS. STATE OF WISCONSIN, Milwaukee County, ss. At a stated term of the circuit court of county of Milwaukee, begun and held according to law at the city of Milwaukee, State of Wisconsin, on the first Monday in May, A. D. 1874, present and presiding, the honorable David W. Small, circuit judge, on the fourth day of June, A. D. 1874, the following proceedings were had, to-wit; Summons for relief-Complaint not served. THE STATE OF WISCONSIN, Circuit Court, Milwaukee County: You are hereby summoned and required to answer the complaint in this action which will be filed in the office of the clerk of the circuit court, county of Milwaukee, at Milwaukee, and to serve a copy of your answer to the said complaint on the subscribers at their offices, No. 3, 4, and 5, Library Building, Milwaukee, Wisconsin, within twenty days after the service of this summons on you exclusive of the day of such service; and if you fail to answer the said complaint within the time aforesaid, the plaintiff in this action will apply to the court for relief demanded in the complaint. Dated May 14, 1874. FINCHES, LYNDE & MILLER, Plaintiff's Attorneys. 12 R R C-APP. (Doc. 15) STATE OF WISCONSIN. Waukesha County, ss. I hereby certify and return that on the 15th day of May, A. D. 1874, I personally served the the within summons on the said defendant, the said Chicago, Mil. and St. Paul Railroad Company, at the village of Oconomowoc, Waukesha county, Wis., by handing to and leaving with W. W. Collins, the agent of said company and said defendant, at said place, and who has charge of the depot or station at said place, a true copy thereof. Dated this 19th day of May, 1874. My fees: Travel, 36 miles, $3.60; service, $1.00; copy, .25-4.85. CHARLES M. HARTWELL, Sheriff of Waukesha Co., Wis. By G. A. LUCHINGTON, Under Sheriff. (Indorsed:) Circuit court, Milwaukee county. Henry M. Ackley, George Vilas against The Chicago, Milwaukee and St. Paul Railway Company. Summons filed June 9th, 1874. L. F. Kellogg, clerk sup. court Wis. Finches, Lynde & Miller, plaintiffs' attys. Filed May 20th, 1874. Patrick Connolly, jr., clerk. Affidavit on claim of delivery of personal property. Circuit court, Milwaukee county. HENRY M. ACKLEY, GEORGE VILAS against THE CHICAGO, MILWAUKEE & ST. PAUL STATE OF WISCONSIN, Milwaukee County, ss. Henry M. Ackley, one of the plaintiffs in this action, being duly sworn, says that he is a copartner in trade, at Oconomowoc, in the county of Waukesha and State of Wisconsin, with George Vilas, one of the plaintiffs in this action, doing business under the firm name and style of G. Vilas & Co.; and he further says, that the said plaintiffs are the owners and are lawfully entitled to the possession of the following personal property claimed in this action; that is to say: two car-loads of pine lumber, being about twelve thousand feet; that the said property is wrongfully detained from the plaintiffs by the Chicago, Milwaukee and St. Paul Railway Company, the defendant herein; that the alleged cause of the detention thereof, according to this deponent's best knowledge, information, and belief, is as follows: That said plaintiffs tendered and offered to pay said defendant the sum of thirty dollars for the freight of said lumber by railroad from Oshkosh to Oconomowoc, being the amount allowed and provided for by the laws of this State; that upon such tender and offer to pay, and demand for the delivery of said lumber the said defendant refused to deliver the said lumber to the plain |