Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-04-30
ODD FELLOWS BANK CASES.
The Decree Filed = The Amounts for
Which Judgment is Given.

Which Judgment is Given.
Judge Williams, of Eel Dorado county. who
preaided in the Superior Court of Sacra'
mento county on the trial Of what's generally
known as the Odd Fellows Bank case. on
Saturday sent 60 County Clerk Coglan his
findings and decree. The decree. in all es-
sential particulars, is as follows
First-Thas the assignment Of September
81. 1873, by the bank, defendant, to ID. u.
Smith, the plaintiff, is set aside and declared
null and void as to the parties below named,
al bsing Judgment creditors of the bank,
and Is affirmed as TO all the other defendants.
Second-That out of the assets in the
hands Of Smith and the Peoples Savings
Bank, held jointly or severally, and which
formerly belonged to the Odd Fellows' Bank,
and out Of the proceeds Of the same said
Smith and the Peoples Bank must, within
forty days, pay to the following -named per-
sons the amount set opposite their names be.
low. The name is tie name of the person
to whom payment is TO be made; the first
figures the amount to be paid; the date is
that from which INTEREST," is to be calculated at
Z per cent. per annurp /:
Mary A. Davis, IS, 81 %; june "a, 1879.
EInora s. Mitchell, 5000 SO; June "a,
1879.
Elizabeth Harper. sl,675 26; june "a.
1879.
Estate of d. C. Pasten. s2,9Os %; June
A, B. C. Nusbsurn, s., S95 81; june "a,
1879.
Chris. WeiseI, s7O2 81; June "a, 1879.
Elizabeth Grifi n, S1.7S8 70; August 4,
1880.
John Kelly, s., 500 rs; December 4. 1880.
Ransom j. Kirby, S621 so; December 4,
a. R. Klein, So 55 IS; December 4. 1880.
Virginia Thompson, S2.4S7 "a December
q ". Payne, 81, $50 IA ; February u, 1881.
Thomas Smith, 8, 25O 4S; February H.
1881.
Mary I. Day. SO. 374 o.; February II. 1881
JOAN Green, 81, 800 80; March %, 1881.
If payments are not made as directed said
creditors shall have execution against the
said II. G.. Smith as assignee of the Odd
Fellows Bank, and against said Odd Fellows
Bank, and against the Peoples Bank, to be
satisfied out Of any real estate in Sacramento
county on which the judgments of said judg-
ment creditors above named were liens at
the date of the entry and docketing of their
judgments.
Third-PresleY Dunlap is appointed referee
and these defendants, to wit: Peoples Say.
ings Bank, William f. Moses. Elizabeth
Entwistle, John Troy, [. P. Eldred. Frank
W. Marvin, J. Warrington, G. B. Highly, J.
Mccartney, Cynthia Runyon, Francis W.
Fratt, George 4. Bronner, Henry Eek, J. J.
Keegan and all other defendants named in
the complaint who have been served with
summons, except the aforesaid Judgment
creditors. He is TO make his report upon the
testimony taken on the trial, and such fur.
Their testimony as may be necessary. In
making ihis report Mr.. Dunlap is to be gov
erned by the following rules:
Charge the Peoples Bank 1921, 1888 SO for
account of property received from Smith
June 2, 1879; ascertain the average menthly
income of the property from June 2, 1879, to
date of report, and add result to the above
sum; deduct S51, for money paid by
Peoples Bank to Wells, Fargo & Co. to dis
charge liens on the property, or the actual
sum so paid, as distinguished from money
paid on said account by Smith. He will
consider the amount paid out on the property
for Insurance., taxes, necessary repairs, ex.
Guiding permanent improvements, and &C.
duct the same from the income. He
will ascertain how much of said prop
erty has been sold by the Peoples
Bank and the money received therefor;
how much of the property, consisting of
money demands, have been collected by the
bank, the dates Of sales and collections, the
charge of interest go received from date of
receipt to date of report, at seven per cent,
with annual rests and additions of interest.
He will ascertain the amount of rents, inter-
est and profit received by Smith from the
property assigned to him, to date of report,
with interest at seven per cent, with annual
80 al rr,rr in al
by Smith, and sll demands collected by him
of the property assigned to him, except
such as he transferred to the Peoples
Bank, June 2, 1879, giving dates
of sales and receipts of money from all
sources by the sssigner. Smith to charge in
terest on said moneys from date of receipt to
date of report, with annual rest5, at z per
cent; ascertain what money Smith paid to
Wells, Fargo & Co.. with items and dates;
ascertain the gross amount paid by Smith on
account Of dividend of 10 par cent. declared
10 December, 1879; ascertain the amount
paid by Smith for insurance, taxes, etc
credit him with payments at date when made;
state the balance as 8 charge against Smith
ascertain full account of all property and as
sets in Smiths hands and the value of the
rental Of the same; ascertain the total of
claims and demands of creditors OF Odd Fol-
lows Bank September 81, 1875 and which
have up to the date of this decree been trans
ferred to the Peoples Bank; ascertain the
amount of claims purchased by Smith
to date of decree, in his ewn name, or
in the name of William Hlcka, or in the
name of any other person; set forth tie
claims in detail, and the amount psid By
Smith In each.
The findings of the Court in full accom-.
plny the decree. These findings are simply
a detailed and formal statement of the his.
tory of the transactions out of which the suit
arose and all the essential parts of which
were published in the RECORD UNION from
stenogrsphic report, made at the time of the
delivery OF the judgment from the bench by
Judge Williams.
It is understood that the decision will not
in any way interfere with the operations of
the Peoples Bank, but so far as that bank is
concerned will only settle the question of
title to certain property in its hands, and
heretofore in dispute.
ATTEMPT TO WRECK PICNIC Train
Yesterday as the excursion train, carrying
the picnickers to Folsom, was near SAILS
bury's station, some men notified officer
Jackson-who was passenger-that an at
tempt had been made by some persons on the
front Car to throw the train from the track
The officer went forward and learned that
Domingo Soto, we'll known character in
police circles, hsd climbed on the tender of
the engine and thrown several large sticks of
wood on the track in front Of the first car.
The offender had escaped over the tops of
some of the cars and could not be found
before the train arrived ct the picnic grounds.
Jackson and other officers continued the
search after reaching Folsom, and finally
officers jackson, Fredricks and local Karcher
found him with others secreted in grain
fsld near by, and arrested Soto and took him
to the lookup OF Folsom. When it became
generally known that an attempt had been
made TO wreck the train, there was great in
digDation amoag tie picnickers, and fearing
there might be soma trouble, the officers de-
cided to leave their prisoner in Folsom until
to-day, when officers Hickey and jackson
will bring him to this city. Two boys named
DAVIS and Filsnd were also arrested and are
now in the CITY prisnB They appested tn