Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-08-24

THE RAILROAD CAoE--0 oDoI
wnon's DECISION. The following is the de-
c;s;on Of Judge Underwood, in the Washing
ton Alexandria and Georgetown Railroad case
wandered on Saturday evening, the substance
Of which We gave in our report OF Tie I''cS''. ~
ipgs of the court on that occasion
The Adams Express Company, COm1pLS. rs.
William Fl. Marbury. Joseph DaVlason' tns
Washington, Alexandria and Georgeio"iil
+ Railroad Company, Oscar A. Stevens, an'
w. Jackson Phelps, detendan1ss-.Tlu, ettug os
In the Circuit Court OF the Omteu o'a'e'
for Tho Fonrth Circuit, District OF Virginia -
Tbe motion for Injunction on the cause, here
.ofore made. coming on to be heard at Cham-
bers in pursuance of an order heretofore made,
Gr the hearing thereof, upon a bill OF com
nIo;nt and the several answers or the delend,
ants Marbury and Davidson, and the counsel
~ the narties having been heard, on consider.
ot;on thereof, it is considered, adjudged and
dpcreed. that the writ of injunction as prayed
in the bill do issue according to the prayer OF
said bill, and that said defendants, Marbury
and Davidson, and each Of them, thelr Agents
and Attornies, be enoiDed and restrained from
using, holding, or in any manner interfering
With the property Of the Washington, AleXan-
dria & Georgetown r. r. Co., and that they
do abstain from any further lntermeddllng with
the said road, belonging to said company, ana
especially the buildings heretofore used as inc
ticket and freight Office where the business OF
said comnanv has heretofore been done, and
from interfering, disturbing and meddll0g W!th
| the engines, cars, motive power and rolling
stock used on said road. And the said defend,
| ants above named, their agents and attorneys,
| are hereby required and directed to return and
| place all of the above described property IN the
possession of Oscar A. Stevens, and W. Jack.
son Phelps, who are hereby made, constituted
and annointed the Receivers of this Court to
takc nossession of all the said property, to use
tho same in the transaction of the usual and
ordinary business of a railroad as q carrier Of
Dersons and property, and to secure all the
rents, issues and profits Of said business, ana
| to nav. satisfy and discharge the usual and CT
binary expenses which are properly and nccoS-
sariy incurred in said business.
| tt is further ordered that ID the transaction
| of said business, and in the discharge oil their
duties as such Receivers, they will have regard
and respect for and carry out the contracts and
agreements heretofore made with the compIa-,
| inant in relation to the business operations OF
| said road, and the Marshal Of this Court IS
| hereby ordered and directed to seize and take
possession of all Of said property, and orthWlth
place the same in. the possession OF the SAID
Oscar A. Stevens and w. Jackson Phelps,
such Receivers, to be by them held as such
| Receivers until the further order ofthls Court.
Provided that so much OF this as appoints said
Stevens and Phelps Receivers IS upon the con
/ dition that the said Receivers shall before SAID
property is placed in their possession, execute
| and file in this Court a bond with sutlcIcnt
surety, to be approved by the Judge OF this
Court, in the penal sum of fifty thousand doll
ars, conditioned for the faithful performance
of their duties as such Receivers, in said trust.
And it is furthor ordered and adjudged that
it be referred to Westcl Willoughby and Reu
ben Johnston Of Alexandria, Y a. as joint com
missioDers, to take, state, and report to this
! Court, an account between the complainant
and the Washington, Alexandria and George
| town Railroad Co., their officers and agents,
of all disbursements made by the said complain
nant on account OF said Railroad, as we'll as Oh
all monies received by the complainant on &C
| count of said road, and especially due and to
| become due the compiainants from the said
Railroad, and report whether any and what
contracts are now existing between the SAID
compliments and the said Railroad; and by
| whom made and on whose account and how
! far said contracts have been completed, and
! how far the same are incomplete, ~ we'll as
INV other matter or thing which may be ma
terial or necessary to the decision Of all or any
of the matters in the said bill and answers SET
forth.
Done and dated at Chambers in Alexandria,
Va, this 22l day Of August, A. d., 1868.
JOHN G. UNDERWOOD, District Judge.
ENDORSED Tho required bond having been
filed in this case, the Marshal will execute the
within order forthwith.
JOHN G. UNDERWOOD, District Judge.
August o. 1868. ....'
Executed by delivering copy Of the within
to VIM. II. Marbury, this 22d day of August,
1865, and taking possession Of and turning
! over to Oscar A. Stevens and W. Jackson
Phelps the property within described.
B. w. GILMs u. S. Deputy Marshal.
ALEXANDRIA, Va, Aug. %, 1868.