The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-20

IN FILE CIRCUIT COURT OF THE UNITED
L STATES for the Eastern District of Virginia, at
Richmond, Va, April 9Th, 1871;
r. A. vaso1
AGAINST
James River Insurance Company,
IN EQUITY-ORDER OVERRIDING DEMURRER
AND DIRECTING ACCOUNT.
This day this cause came again to Q 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-
ton Whereof and for reasons appearing to the court
the court doth override the said demurrer. And it
appearing to the court that this has been regu
larly matured at the Rules and set for hearing
all the defendants except J Dillsrd, Robert W FL
som and George Jones, upon whom process has not
been served, and the bill of the plaintiff having been
taken for confessed to all of the defendants ex-
cepe the said defendants upon whom process has not
beeo served and Lyon, Hartsook, J j
Hopkins, GeorgeJ Hund'ey,J X Ward, D Hart
sock and William Shepherd; and now this cause
came on to be hsard on the papers formerly read the
bills, exhibits, the answer Of Hartsook and Will.
liam Shepherd, the petitions of William d Lyon,
Q Hartsook, J j Hopkins, George Hundley and
Il Werd. together with tho special reports Of the
receiver, Lynham, upon each of said petitions.
And 1t appearing to the court that final decrees by
consent, have been made to the said William
Lyon, Hartsook, J Hopkins, George Humid
ley and II Ward, on consideration whereof the
court, without at this time passing upon any OF the
questions raised by the answers Of defendants aud
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 Commissioners 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 priorities thereof.
I'd. An account of sll debts due from each of the
defendants except the the said William Lyon, B
@ Hartsook, Hopkins, George Hundley and
Ward with the Consideration and evidence thu reof
3d. An account showing all other assets of the said
James River Insurance Company.
4th. An account of the funds in the hands of John
Lsnham, receiver in this cause.
9th. Any 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
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 9th. 1871. District Judge.
true oopy-Tests:
NJ +. PLEAsANTs, Clerk. 1
CoMarssiosBR's OFFICE,
RICHMOND, April "a, 1871. (
Notice 10 hereby given that have appointed my
Office in ,his city No. lila Main street. The place.
and THURSDAY, the 26th day Of May, 1871, at the
hour of IL NJ as the time for taking the accounts,
making the inquiries and generally executing the du-
ties directed aud prescribed by the foregoing deoree
when and where all persons Interested required
to be present, with ths papers necessary TO enable
me to respond 10 the matters referred to me by said
decree.
Given under my hand at Richmond, this Gath
April, 1871. JAMES PLEasAN1e,
ap 2b--Tutw Special Commissioner.