The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-29

I'm THE CIRCUIT COURT OF THE UNITED
i STATES for the Eastern District of Virginia, at
Richmond, Va, April Sth, 1871:
r. A. Vason
AGAINST
James River Insurance Company,
IN EQUITY--ORDER OVERRULING DEMURRER
AND DIRECTING ACCOUNT
This day this cause came again to Q heard upon
the amended bill Of the plaintiff and tha demurrer of
Hartsook, one of the Defendants filed by leave
Of court and was argued by counsel. On consdera-
ton whereof, and for appearing the court
the court doth override the said demurrer And it
appearing to the court that this has been regu-
larry matured at the Rules and for hearing as to
all the defendants exceptJ billiard, 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 Lyon. D 'Hartsook, j
Hopkins, George Hund'ey, ] Ward, D Hart
sock and William Shepherd; and now this cause
came to be heard the papers formerly read the
bills, exhibits, the answer of Hartsoo and Will
liam Shepherd, the petitions of William Lyon,
Hartsook Hopkins George Hundley and
Il Ward, together with the special reports of the
receiver A Lynham, upon each of said petitions.
And it appearing to the court that final decrees by
consent, have been made as to the said William d
Lyon, B Hartsook, Hopkins. George J Humid.
ley and r 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 deen.
dants, doth sdjudge, order and decree that James
Peasants, of the city of Richmond, who is hereby
appointed special Commissioner for the purpose, 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 priorites thereof
I'd. An account of all debts due from each of the
defendants except the the said William D Lyon, b
Hartsook, j Hopkins, George Hundley and j
Ward with the consideration and evidence thereof.
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
LYMAN, receiver In this
5th Amy other matter denied pertinent by the
Commissioner, or required by any party. and make
report OF all said matters to court. And the court
doth further order that publication by the Commits
sioner for week for 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 tins and place OF taking the said
accounts, shall be equivalent to personal service
the parties.
JOHN @. UNDERWOOD,
April Sth, 1871. District Judge.
A true copy--Teste:
CoMNIssfosER's 0FFIcE,l
RICHMOND April "a, 1871. I
Notice is hereby given that have appointed my
office in this city No. lila Main street. the place.
an THURSDAY, the 25tn cay of May, 1871, at the
hour of IL M, the time for taking the accounts
making the inquiries and generally executing the du
ties directed and prescribed by the foregoing deeree
whom and where all persons interested required
to be present. with the papers necessary to enable
me TO respond to the matters referred to me by said
decree.
Given under my hand st Richmond, this Gath
April, 1871. JAMES PLEAsANTes
ap a6-Tusw Special Commissioner.