Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-09-29
THE A. & c. r. II.

A Spicy Fight over the Bankruptcy
business, and Further Proceed.
Ings Postponed Till Thursday,
Oct I2,
From the Knoxville Press and Herald
The position of Seth Hopkins and 9th
ers in bankruptcy against The Alabama
and Chattanooga Railroad came up yes
terday before Judge Trieg, in the United
States District Court, and occupied nearly
the entire day.
The case was called at 9 o'clock, and a
lively argument at once ensued as to
whether the attorneys of parties resisting
the application for bankruptcy could be
heard.
The attorneys were Col A. G. Murphy,
of Montgomery, representing w. A. G.
Jones, of Demopolis, Ala, and other
holders of second mortgage bonds, and
Col. Lawrence Marye, of Chattanooga,
representing attachment creditors to
large amount.
Judge Rice, of Montgomery, one of the
ables; lawyers in the State, and Col. 7.
Fort, of Chattanooga, represented the Pc
tito ring creditors, and as they have been
attorneys for the Alabama and Chattanoo-
ga Railroad Company, we think, had an
eye TO carrying ont its plans also; but Col.
w. L. Eakin, of Chattanooga, appeared
TO record for that corporation.
Judge Rice urged tdst these parties had
no right to appear "A Court, and quoted
decision Of Judge Trigg, at Memphis, to
the effect that none but parties to the re-
cord could be heard on the merits of the
case.
Col. Fort also adduced number of au
thorities to the same effect.
The Court admitted the correctness of
this position, and Col. Murphy produced
papers showing that proceedings in bank
ruptcy had already been commenced be-
fore Judge Busted in Alabama, with
cepies of the record, not duly attested,
however.
Some little discussion was had between
various parties, going chiefly to the mer-
its Of the case, which the court ruled out
of order and took recess until o'clock
Pm.
Upon resssemblipg, the court stated
that the facts set forth would be sufficient
TO make the court hesitate if they were
properly certified, but he should require
them 70 be certified under seal of the
court. Sill the statement might induce
him, as the parties plainly had 8 vast In
terest st stake, to graft delay for the
production of proper evidence.
Col. Murphy addressed the court at
some length urging delay, and showing
the interests involved.
Col. Marye presented q petition from
certain attaching creditors urging delay,
sworn TO by himself as attorney. He
stated that he could preve the petiuoning
creditors to be men of straw and the
whole proceedings TO be fraudulent
Mr.. Stanton said that part of Col.
Marye's clients were secured by his indi-
vidual endorsement, and attachments on
his individual property.
Gen. Clanton ssid that the State of Al
abama had instituted suit for this prop
erty as belonging to her, having been pur-
chased with money obtained from bonds
endorsed by her.
Mr.. Stanton was proceeding TO dispute
this proposition in very excited man
ner, when he was stopped ty the court.
After some amusing, but wholly irrele-
want, sparring between the attorneys on
the question Of delay, IN the course of
which Col. Murphy said that the domicile
of the corporation was in Alabama, and
therefore, this court had no jurisdiction,
Judge Rice obtained the floor and spoke
for two hours. He argued aud read su-
thorities 10 prove that the court in which
the alleged bankrupt had his residence
had jurisdiction, rather than that where
bis domicile was. He claimed that no
petition had been properly fled in Mont
gomery, as the Clerk OF the District
Court was absent
The Court said, that in law the Clerk
was supposed to be In his Office always.
After some more sparring the Court
decided to postpone further proceedings
until Thursday, Oct. -.
Col Fort asked for an injunction to re-
strain any parties from moving the prop
erty of the corporation out of the State.
The Court inquired if the property .of
the State was not in the hands of an Of
ficer of the State Courts, and being in
formed that it was, declined to interfere
with it IN any way.
Judge Tngg's management of this i'm
portanJ case was highly commended By
all, and his decision, which we are COM
PEELED to omit, was characterized by
9ound judgment of law, the utmost re-
gard for the rights of all parties and the
greatest courtesy towards other Courts,
which may have taken cognizance OF any
of the questions brought before him, Ell
ther judicislly or otherwise.
We have confidence that Judge Trigg
will do nothing except according to law,
and that il he has legally jurisdiction over
this important case, the rights of all will
be as fully protected as they coull be be-