The home journal. (Winchester, Tenn.) 1858-188?, 1881-10-12

lOuS tluI thc pTcscnI COIpordtlOH VI
Winchester be abolished that they are
creditors of the same, and would look to
the taxes Of the corporation unpaid, and
Of the Taxing District to be established,
and take the same or n sufficiently there
Of, for the Indebtedness due them, which
will be seen from the following paper
here to the Court shown, marked cXhib'
it "B, " as Il part Of this answer, And
to secure and amply provide for the
payment Of all creditors of the now cX-
sting corporation Of Winchester, who
are opposed to the abolition Of the char
ter Of the existing government, the fol-
lowing security is rendered said credit
ors: Carter Bros, John f. Vaughan,
+. j. Gaines, &. & Phillips, +. &.
Marks and Isaac Estill. Petitioners
show your Honor and charge that said
parties are amply worth ten to fifteen
thousand dollars, which certainly Sc
cures and provides for the Indebtedness
Of those creditors opposing the abolition
Of said charter. Said parties bind them
selves, scveralIy and jointly, to pay the
same, as will be seen from the paper
signed by them, and herewith filed as II
part Of this answer, marked exhibit
&C." but not to be copied.
Respondents deny that the corpora.
ton Of Winchester is indebted to NJ. G..
Forbes one dollar. They show the
Court, that upon information they
charge that as Mayor he is indebted to
said corporation for fines collected and
not accounted for fully as much as his
claim, and that upon fair settlement it
will not owe him one dollar. But itup,
on said settlement, said corporation
should be indebted to HIM, respondents
stand ready and willing to pay it.
Respondents deny, upon information,
that said corporation Of Winchester is
indebted to its Constable, T. n. Arledgc
), but whatever amount may be shown to
be due him they are now ready to pay,
and will do so.
Respondents admit said corporation
was indicted, and that the same is still
pending, but they expressly deny that
said corporation can take advantage OF
the same. They admit that the Gene
raj Assembly Of Tennessee passed the
Act in question, and that from the first
to the sixth section the mode of abol-
ishing corporations is stated, but they
deny said Act is void. On the contra
ry, the whole Act is constitutional, and
is most wholesome and wise law.
Respondents deny said corporation
owes any debts but what have been pro-
vidod for and made more than amply
secure, and their payment provided for.
They admit said Turner, Sheriff, gave
notice to hold said election, but has been
cnjoincd from holding the same.
Respondents know and show your
honor that said Sheriff had the requisite
number and the character Of potion re-
CURED by the first section of said Act,
but respondents know nothing of the
resolution Of said Board, but suppose il
to be true as charged.
Respondents expressly deny the Act
under which said Sheriff was pro-
cecding to act is void, and they express.
ly deny all Of the Indebtedness Of said
corporation is not amply secured and its
! payment fully provided for.
But as to the resolution Of said Board,
respondents show your Honor that it
was tie vote on the question Of bring
ing said bill, by the Aldermen, who
were the authorized voters The cast
ing vote was cast by the Mayor, and
hence this suit
Respondents expressly deny that the
present corporation has any right to
bring and maintain the present bill ;
and respondents show your Honor that
the n. Il G. Railroad Company is liable
for the defective bridge for which the
corporation is indicted, and even if there
was anything in the question, respond
cnts expressly charge that the facts will
show that said corporation is not liable.
Wherefore, your respondents pray
that this be filed as petition in the
cause of "Thc Mayor and Aldermen of
Winchester ct. ais. Us. j. j. Turner"
and they he permitted to answer said
bill, and this answer be filed as such !;
and having fully answered said bill,
they pray that the injunction granted
be dissolved, and said Sheriff permitted
to proceed to hold the election under
said Act Of the Legislature. Grant
general relief.
BRANNAN, Hunt IL THOMPSON,
SIMMONS Il CURTIS,
DAVIS, MARTIN IL TAYLOR,
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