Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-01-12
wRITs OF ATTACHMENT
ISSUED AGAINST NJ. T. POLK AND JOHN W.
CHILDREss AND RECEIYFR ASKED FOR

ISSUED AGAINST NJ. T. POLK AND JOHN W.
CHILDREss, AND RECEIvER ASKED FOR.
NASHVILLE, Janusry 1.-THE following
bill vas filed iu the Chancrry Court yesterday {:
To the Hon. AssE. Merit, Chancellor, ETC.:
The bin of complaint of the State of Tennessee
against Marsh T. Polk and Jonn w. ChildIess, citi
zens OF Davidson county, Tennessee:
Complainant, the state of en- nessee, represents
and shows unto your honor hat in the year 1877,
the defendant N. 4 Polk, then and ever sinee, n
citZ-n OF Tennessee, was elected tIeasur of the
state of Tennessee, ana as such, qualified
ana took charge o. the treasury OF Ter neAsee ana
entered upon the duties of thlt Office. By re
election he has cont ued in said office, the term
for which he was last elected not vet having
expired. Ever since his election the said Polk mas
been citizen of Davidson county
that an examination of said office, and of the
books, accounts and assets Thereof, has been made
within the present month, from which it mas ueen
discovered, and complainant charges and aIes it
to be true, that the said NJ. L. Polk has sppro-
priated and applied 10 mis- own use and benefit
without authority, and in fragrant violation Oi the
law, bonds and money of the State in his care and
custody as treasurer, 10 the value and amount of
more than $500, ,0O0 and that the same Il now past
due from hi to the Sta te of Tennessee and unpaid
some few days since 1t was disc ,vefed hat said
Polk had left and abandoned his Office; and
plainant charges that he is now a fugitive from
the STATE of tennessee He has + moved himse 4
out OF the county OF Davidson, privately; he has
remover himself from the State and has sb-
scented. SO that The ordinary process OF law can
complainant further declares that shortly prior
10 MS leaving the oLdte tle SAID POLK delivered
over to defendant, Childress, and placed IN his
custody large number of notes, due bills, claims,
accounts and some private properly and money,
named and described IN the list heTeuntO al.
ttched here follows the list published in the AP-
rEALot yesterday, and exhibited aud asked to be
made part hereof
Complainant charges that the said property,
| notes claims, accounts and demands were deliv-
cred over by said Polk for The benefit OF some per
sons TO complainant unknown, and to deprive the
/ State OF Tennessee thereof.
Complainant. further charges and states that
while these claims ETC., are in the name of said
Polk, the money loaned and ordered therefor, and
| for which they were given and executed to said
Polk by the respective makers thereof, was money
| of and belonging TO the state OF tennessee
| money in sid POlk's hands treasurer afore.
| s4id-ana this the makers OF said notes, claims
debts and demands, then and ever since, and
therefore the complainant charges that the STAT
| of Tennessee Is entitl-d d to and is the owner o
the same and the proceeds thereof
| Complainant further charges that said notes
etc, were placed in The hands OF said Child ess
few days before said Po fieu the country, and Il
| vieV of said flight and for the purpose and with
| the intent to defraud the state thereof
hat said Childress claims that they were placed
in his hands to render secure some of the bonds
| men of said Polk as treasurer.
| Complainant further represents and SAYS tina
| the defendent, Polk, is owner of an interest II
the books. material, printing presses, type anC
part of The book and printing establishment il
the custody of Albert B, Travel, at and in No. IA
| Union street, Nashville, Tenn. The interest o
said Polk therein is Of the value OF several thou
sand dollars, as complainant is informed and ad
| vised.
The bill goes On to state that the premises con
sidered the complainant asks to file this bill in tn
| honorable Chancery Court, and brings the same Il
the attention of the attorney of the State
that all proper and necessary process be issued u
| make said Chlldress party hereto defendant, an,
| that he answer the allegations thereof; that wri
of attachment issue attaching sll the property @
said Polk wherever the same may be found, to al
| amount sufficient to pay said ,O00; that
| receiver be appointed to take charge OF am
| collect the same under the further order G
this court; that an in junction issue enjoining tn
said Childress from paying or delivering over IN
said property claims, etc., to the parties pretend
ing to clai the benefit thereof, or any other pei
sons that said Childress be required in his answe
| to state whether he knows of any other propeTt
belonging to said Polk or held by any of mis- cred
itors; that decree be issued against said Polk fC
the amount Aforesaid. BENJAMIN J. LEA,
Attorney-GenerAl of Tennessee.
| NERTREES d VERTREEs Solicitors
Sworn to by Beni.J Lea, Attorney-General
Sworn to and exhibited before me, this JanJ
airy 9. 1888. T. p. BATEMAN,
Judge Eleventh Judicial Circuit of Tennessee.
The state of Tennessee: To the Clerk an
Master OF the Chancery Court of Nashvie-Issu
the wits of injunction end attachment, as praye
for iu the foregoing bill without requiring bon
of the Stalel upon tie bill being filed. This JAI
| nary 1888 II p RATEMAN Judge