, 1873-10-25

that he accedtntaiIy heard Thur8dny OF tho com.
mencemeut Of this suit, nnd 1earnod II fully
yesterday by tho papers. 11o statca moreover TINT
petition in bankruptcy hus been filed, and
anawer put in by tho bank which Fernando Jones,
tho President, stated WIS to gain nmc which pro-
ccsdnga ati pendluR. r. " Smith, tho Receiver,
has An ofce In the same room with the complanantA
attorneys, and ho belevca the whole thing was com.
ueuccd BY agreement and colluaion between tho
planants and defendants. ue asks that he and other
creditors may DO made dofentlantB to this suit.
The affidavit Of Stephen H. Race sets out that ho ia
creditor to the amount Of Il 500, for money on de-
posit only heard Of tho eaao day two ago; he
has read tho affidavit Of Cole and knows It to DO truo
and further, that the assets Of the bank about
s2 600 or over. and that bond Of $4,000 iH grossly
. insufficient.
JUDGE vANpunEN THEN nEiAnxED
that the attorney Of tho Company tie sao rs tho
Receiver stipulation lod by him in tho United
States Court In the OF Chapin against tho Frank
lin Bank In bankruptcy, to have tho proceedings dis
snsaea, md auch actions proved TINT tho thing was
cut-and'drcd affair. He thon argued In support Of
tho motion that this bill ia Iii tho nature Of credtosa
bill, and cannot bo entertained before Judgment at
Inv has bcon obtained, It Barbour, Chancery Prac-
tcc. Gilman, tl8. IA Illinois, 271, II Illinois, 2s11
TO slow this would ho to make preference In favor
viii only interfere when Court of INV cAnnot take
eognizanco, md this injunction has been improyi-
Again. there ss Leon % colusion ' betweea '.s11a. CON-
plainans and defendants 10 obtain delay. which
J. as s s tbs . maeeye, pss saa .sFns9 ssns9
Il the bank TlIs btli has been ruphca through Wiz
9ed aa T nos 10 ny psse % entsde tt f @ nS
should 30 appointed lsecever. Now do the creditors
hay1ng demands amounting to $3.50 900 know Of thia9
dishonest nun wshed to est rcl, ho could not do It
having f2oo,ooo, Under bond Of $4,000, and then
hays 9n excuse to 60 to aome other place. Wo clam,
Enid the Judge TINT the Huit Ia not we'll brought; first,
because bankruptcy proceedings pending an
state 9nnsts Lave no aristson Second thsrs as
thero IL good defense At inv, and perfect WY to
obtain their GLAZING, Thirdly, a very Improper man
has been appointed, under worry Insufficient bond.
This seems to be Of bauk opening Y doors 10
the case cannot stand tor noment.
the complaining ereaors Ap's Hs srgusa @ 'Stn tna
bring 1t BY way Of plea, il being against tho bank
These creditors, represented by Judge vau Buren,,
On tho aide Of the bank Now they only wish to come
IN to show that these proceedings aro unlawful and
s 70 get out q bankruptcy, mud the petitioner IN bunk
proceedings dismissed, an Receiver appointed Now,
ran bring caao ID enapeery' ~ ths ii IL W similar int su
agreed Xaan those ias 10 ada baan ts lsd
a 70 to the fset den Smith not bang responsibe
ss be % no L ha oon PIN q ho vi
g glye largor one Bns It Is not the rule to mako
ssfs Toas IT es ae
In: S9,x H.! ths =, st.ssssy ssas
a S os. qia court aa ri se
by 10 Ianx e 81 he ass:ts iato ths hands q Re
Ceiyer, thinking TINT more could be gained.
int atoHsr has seen dene 80 for in s
eas @ 4
agreeable allowed them such IN order as ey wiaied
Nw may be so al. that eb bs Be- sIan
DOT obliged to tate Il for granted that soma person S
;ome before 4 by consent but a. to tie question q
The proceeding Ia rathera novel ono, but by the
suit beng instituted there must bo cause 1t,
absolutely and abrup.y and i 1t Is dismissed It
must be by the motion of tho Court II the action Is
I lem n snyps9 % sen sss St Ra eo hs g
d. ny power to aSpoias Rssslvar At s can s con-.
trol him. The question is, wlosher the Court haa
s.comnon law action Of troyor. rheJudge remarked
he would like to oxnmino the authorities.
Judge Van Buren, then asked Tor Stay OF proceed
ngs, stating hat the Receiver might 60 and collect
90 inyoatory, no one would know t how much 10 lad
taken. the case was not properly before tho Court
us Tbe uSas thoucht be wouid not need to muko anv
nrder before he coded The coso 1hat to cretiitora
Jon Nv van 70 nursn cn aaksa how in Coda mama hi.
c1iants interesta wans he nrotocteJ " o AA13' '''0
Inf3oe Earwe1l ttcn aske1 Mr Esctett ubnt ths Tn
ceysr wond d. III. gsckett rop}ied TINT he had tol
oen Smith to 90 and take charge d the bank and il-
word tRst i'c wniId do noth;nr eiaa "''3 e''' A''
Judge Yan Buren wished liz Judge to ask him his
opinion Of wlpt tho RECEIVER would do. which judge
TarweIi I3id '1 0 "'@ ' "e o~
WheTe,,nnn J,duo Vim Iuren stated that he be1eved
that Gen: Bmith would colIect money. Ind porbaps
pockct il Ia0uhterI There were perpous beh!nd
him At ha pIesat Tins who $50 opnuBt
The hank and they did not want snith AZ IIeceyor
r3phfsner. of q Nm non
judge Farwcll Then said that he did not know but