, 1874-10-27
THE COURTS.
Record Of Business Transacted Ycstcr-
e{3kY.
pAuL 6To1.n.

Record Of Ist1sinchs .Er.silsnctcd Ycstcr-
sIsLv.
THE GREAT WESTERN INSURANCE COMPANY.
a motion WIS mado yesterday morning for n
temporary injunction against Clark ". Upton to
restrain him from paying dividend Of 10 por
cent in tho Groat Western Insurance Company.
a few weeks ago bill WAS flod in tho United
Statcs Court by ono Of the creditors OF the Com
pany, alleging that tho Assignee had been guilty
OF fraud and colusion with the officers Of tho
Company; that Hooker, Stewart, t. Waters
Ind boon permitted to cancef their dobts with
tho Company at o grossly inadequate prico, aud
asking atl injunction against tho payment
of tho proposed dividend. and for tho removal
OF Mr.. Upton, the Assignee. No motion was
however, made until yesterday. Alossrs. Hig-
boo, plummor, and Sto,rs appeared for the COM
plainant, and alleged tho facts cha1gcd in tleir
bill in support Of their position, mud homo af1-
tlayitB of parties to tho effect that no vote had
beon taken on tho loclaratlon OF tho dividend.
Mr.. Bontell on behalf OF tho dotondant. Mr.
UPTON, claimed that the Circuit Court had no
Jurisdiction; tint, by tho oghtoanth section Of
tho Bankrupt law, such tnatlors were cognizablo
III the District Court. md that in oraor to bo
board III tic Circuit Court, it must bo begun
in the District Court, and IN appeal taken from
there. Mr.. Doutell alAo charged That many Of
tho allegations cllargod in the bill wore fralldn-
Lent taat it w,,s gathered up BY somo dlsalfe
Gil party; md that the granting OF an !n1unc.
:ion would Bero,sly hurt nianyof the creditors OF
tAo company, WHO Wcfu oA!,ecsl.E lno 'Af'oeau
Council for tho comp!nifant nr;ed IN reply
Tint, by the second scuton Of tho Bankrupt net.
the Circuit Courts were endowed with geA-
oral supervisory powers that, iu tho present
caeo, il was tho only way In which relief could bo
obtalucd. It was also insisted that tho payment
Of $1,000 to tho lirm Of which Alr. Upton was "
mouDrr for nttornoY fees, tho ite,n Tor 5lu.9 .9ao
for clork liro, aud other c!nims for oxpouBes,
de,nnn,.cd an explanation fto:n AIR. Upton.
Judge Drnmmond remarked, il, deciding tho
motion, TINT tho question pf jurisdiction wat not
FREQ from doubt, but at ho felt Inclined to hoop
| Jurisdiction. Otlor persons besides tue bank.
! and TINT made O aiIorenco. Tho bankruptcy
act gayo tho Circuit Court cnncurrent
jurisdiction with tho DHtrict Court, though. if
| iLp removal Of tito AssSneo wore aloue asked,
tic eighteenth scctun would bo tho proper pro-
! vision of the law lllldor which to not. Tho quea-
| tiou only WAS whether tho Circuit Court was Do
| pr,yed Of ts usual equity Jurisdiction hecauso
| IN Assigiloo was ono of tho dcfcndai,tn, anu
could llo titus escape allowing au examination OF
his uccouuss? The Julso thought not, but that
| Tho complaluantB might have Affirmative roliet
m Toneful Drilriplcs,
| III recul1l to uxorlitant feos tho Judge re-
murlcd TINT llo waB wholly opposed to moro
thnn reaaonabla cAnrgea, 0ud ho wished
| tj,o whole lar to know it, Tic had
| Soon many gnch natlo, hut ho should always op.
nnEn thon1.-nut hosravor referring 10 those ol
| Mr 1Intn.,' as tboy Ind not yot boom passed
nnon.