The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-11-22

Wulkef1 o. ~ * On b. -
made Is - sp ihaH
lfsa.Is. Chshsy ksd Blsbs Tor & jans
ton and the appointment 81 receiver.
The defsndants were repre- snted 81 Judge
White and CoIonel Hendessou.
AT 0o'cloCk tie SQUIRT VS. ready TO
proceed. when the defendantsi Solicitorn
presented petition for the removal Of
the cause to the United States Circait
Court. After argument BY counsel. the
petition was denied, the court deciding
that the United States Court could have
no jurisdiction Of the case, owing to the
citizenship of the parties.
The reading Of the bill, exhibits, and
numerous afidavits submitted by both
parties consumed the balance Of the fore
noon and portion of the afternoon see-
sion, when Colonel Bisbee commenced the
opening argument for the complainant
and continued until dark, when the court
adjourned to . o'clock Friday morning.
Friday morning Colonel Bisbec concluded
his arguI nent, and was followed by Colonel
Henders on aud Judge White for the de-
Tense. Ia the afternoon Mr.. Cheney made
the closin argument, and about o'clock
the case was submitted TO the court
His Honor Judge Walker then briefly
summed up the evidence. He said it ap-
peared clear that the complainant, Mr..
Sherwin. was the real party who had in-
stituted and prosecuted the negotiations
which resulted in the "Memora ndum
Plan," who had contracted to secure the
reorganiE cation of the roads and directed
the proceedings instituted for that pur-
pose; it was evident that Werthiem, Will
lard and Allen and the others were mere
ly Mr.. Sherwin's agents and attorneys
acting under him, and that he, Sherwin,
was entitled to the balance of stock and
bonds re- naming after satisfying the claims
of bondh Holders; that there was strong
doubt in his mind as to the legality of the
organization known as the Jacksonville
and Mobile Railroad Of which Mr.. Allen
was President, and he thought that if the
the mat ter was thoroughly sifted, this
would appear. He was satisfied that the
complainant, Mr.. Sherwiu. had direct
interest in this property, and as he was
entitled to protection and relief, he should
grant the injunction prayed for restrain
ing any cOnveyances Of the Jacksonville,
Pensacola and Mobile Railroad by the trus-
tees to this Jacksonville and Mobile Com
pany, and restraining the issue of any
stock or bonds by the company. AS to the
application for receiver, it appeared the
road was in the possession of trustees
who had been selected by Mr.. Sherwin
himself, and that under the memorandum
plan these trustees4were required to re-
ceive and hold the property until it could
be conveyed to company authorized TO
receive it, and that Mr.. Allen was only
the agent of these trustees employed to
operate the road. Under these circum-
stances, and az it had not been shown
that Mr.. Allen had Incorporated any
funds, OF mismanaged the property since
his appointment as agent, he did not
think 1T proper or necessary that re-
ceiver should be appointed, as this would
be equiv alent to displaeing the trustees.
Ills Horror, however, intimated that if
complainant should at any time find that
there we re. substantial grounds of com
plant against Mr.. Allen, the motion
for receiver could be renewed.
An order of injunction was then pre-
pared by counsel, and signed by the
Judge as follows:
In CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
STATE OF FLORIDA, IN AND FOR THE COUNTY
OF LEoH-IN CHANCERY.
Frank r. Sherwin, Complainant, vs. Charles D.
Willard, Calvin Fl. Allen, Adolph Engler,
Henry = jackson, Charles H. Simonton, the
Jacksonville and Mobile Railroad Company,
Robert Walker, Hubbard L. Hart, James H.
Paine abd Robert p. Dodge, Defendants.
This cause coming on this day to be heard On
the bill and exhibits thereto, and afidsvils fled
by and on behalf Of the complainant and ofthe de-
PENDANTS, on motion OF COmpIainants Solicitors
for an injunction according tO.the prayer Of said
bill, and the said motion having been argued by
counsel foE the respective parties, complainant
and defendants: 4
Now, OF consideration Of the premises, II is
hereby ordered, adjudged and decreed that until
the final judgment In said cause, or until the
further order Of this Court 10 the premises, the
said deEendants Adolph Engler, Henry r Jack.
son and Charles H. 6imonton, and each Of them
be, and they and each of them are hereby re-
strained and enjOined and ordered absolutely 10
desst and refrain from granting. conveying, sell
ing, assigning, delivering parting with, aIieuat-
ing or transferring TO the said Jacksonville and
Mobile Railroad Company, Or to any other com
pany, or person or persons whOmsOever, and
from charging or encumbering In any manner or
form Whatsoever The railroad, together with the
properly, powers and franchises thereof, kn0wn
as the Jacksonville, Pensacola and Mobile Raj
road aud Its branches lately owned by the
Jacksonville Pensacola and Mobile Railroad
Company which were conveyed to them, the
said defendants EnglcF, jackson and Gnhpn-
ton, by Sherman COnant, and Alexander b.
Hawkins be Special Masters Of the Circuit Court
Of the United States for the Northern District Of
Florida. On OF about the 9Th day Of July, A. D.
And also that until final judgment 10 said
cause, OF until the further order OF this Court IN
the premises, the said defendant the Jackson
Vile and Mobile Railroad Company, and the
said defendants Charles d. Willard and Calvin
H. Allen, and each OF them, both Individually
aud 90 members, 0lacen and agents III eald Com.
pauy. and the said Robert WalkeE,s Hub
bard 4. Hart, James I'll Paine and R0befi r.
Dodge. both individually and a. zach merh-
beES, directors and officers Of such Company
Be, and they and they and eneh Of them
ara hereby restsAlned and eaj0lned, and order
ea absolutely e deslst s1d Esirain from
Adolph EhgleE, HenEy b Jacksoh and Charles
81 ellnonlCn, OF either 81 them, or from any per.
con wh0meoeveT, and AleO from selling, transfer