The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-25

IN THE CIRCUIT COURT OF THE UNITED
4 STATES for the Eastern District of Virginia, at
Richmond, Va, April Sth, 1871
r. A. Vason
AGAINST
James River Insurance Company,
IN EQUITY-ORDER OVERRIDING DEMURRER
AND DIRECTING ACCOUNT.
This day this cause came again to Le heard upon
the amended bill of the plaintiff and the demurrer of
j Hartsook, one of the defendants, filed by leave
of court and was argued by counsel On considera-
tion Whereof and for appearing the court
the court doth overrule the said demurrer. And it
appearing to the court that this has been regu.
all the defendants exceptJ Dillsrd, Robert W Ell
som and George Jones. upon whom process has not
been served, and the bill of the plaintiff having been
taken for confessed as to all of the defendants
cept the said defendants upon whom process has not
been served and VI Lyon, B Hartsook,
Hopkins, George Hund'ey, j X Ward, D Hart
sock and William Shepherd; and now this cause
to be heard on the papers formerly read the
bills, exhibits, the answer of ID Hartsook and Will
liam Shepherd, the petitions of William, Lyon,
a O Hartsook, j ] Hopkins, George J Hundley aud
II Ward, together with the special reports of the
receiver, Lypham, upon each of said petitions.
And 1t appearing to the court that final decreos by
consent, have been made as to the said William D
Lyon, Hartsook, Hopkins, George Humid
ley and j Ward, on consideration whereof the
court without at this time passing upon any OF the
questions raised by the answers of defendants and
without prejudice to the rights OF any of the defen
dants doth adjudge, order and decree that James
Peasants. of the city of Richmond, who is hereby
appointed special commissioner Tor the purp0se, do
take the following accounts
LIST. An account of all debts due or to become due
from the james River Insurance Company, together
with the priorities thereof. "
I'd. An account of ell debts due from each of the
defendants except the the said William Lyon, B
G Hartsook, J Hopkins, George Hundley and
Ward with the consideration and evidence tn reof.
Sd. An account showing all other assets of the said
James River Insurance Company.
4th. An account of the funds in the hands of John
A Lynham, receiver in this cause.
Eth ANY 9TH ffar martin aFf I,x,t he
Commissioner, or required by any party, and make
doth further order that publication by the Commits
sioper for a week fol- four successive weeks in
the VIRGINIA STATE JOURNAL and in some other pa
per published in the city of Richmond for like
time, showing the time and place of taking the said
accounts, shall be equivalent to personal service
the parties.
JOHN O. UNDERWOOD,
April Sth, 1871. District Judge.
true copy-Teste
M. PLEAsANTS, Clerk.
COMMISSIONERS OFFICE
RICHMOND, April "a, 1871.
Notice is hereby given that have appointed my
office in this city, No lila Main street, the place.
an THURSDAY, the 25th DAY of May, 1871, at the
hour of IL M as the time for taking the accounts,
making the inquiries and generally executing the du
ties directed and prescribed by the foregoing decree
when and where all persons interested are required
to be present. with the papers necessary to enable
to respond to the matters referred to by said
decree
Given under my hand at Richmond, this 2ith
April, 1871. JAMES PLEAsAN1b,
ap 2h--Tu4w spscial 0ommiasicksr.