Wichita eagle., 1888-12-08
THE LINOAUER CASE.

CHICAGO, Dec 7-When the Lindauei
case came up before Judge Tuley this
morning the usual daily advertisement
took place. After hearing a number OF
motions in unimportant cases, Judge
Tuley told Attorney Stein he might
proceed with his argument. Mr..
Stein is attorney for some of the
unprotected creditors, and represents
Judge Prendergast in the proceedings be-
fore Tuley for 4 writ of prohi bition against
Judge Prendergast, forbidding him to as
sumo jurisdiction in the Lindauer case.
Instead of proceeding with his argument,
which was in progress when the court adj
JourEed yesterday afternoon, Mr. Stein
said
Il am informed, your honor, that a
Judge Horton on behalf of
the receiver, B. kuppenheimer appointed
in the case of Greet & CO., and
others against Lindauer, Bros. q Co. for
an order on Deputy Sheriff Burke TO turn
over to the receiver all the books. papers,
checks and other documents of the tirm,
which were placed in his hands by the
county court. Inasmuch As the question
of the jurisdiction of the county court has
not been passed upon by this court, l
think it is manifestly unjust TO the county
court for any order to be entered IN the
case at this time, and ! would respect
fully ask your honor to request Judge
Horton not to hear any arguments on the
motion, unless it be here in con junction
with your honor.
1--WE viii suspend for a few minutes, !"
said Judge Tulley, land | will go into
Judge Horizons court room and consult
with him personally"
Judge Horton was, as Mr.. Stein had
stated, engaged in the hearing of a motion
made by Attorney Horace Tenney on be-
half of the complainants in the bill for
receivership filed by Greet & Co. and 9TH
ers. Mr.. Tenney asked the court to
order Deputy Sheriff Burke to
turn over to Receiver Kuppenheimer
the letters, checks, papers, books and
money in the vaults of Lindauer Bros. &
Co. In support of the motion he read an
affidavit of the receiver to the effect that
Burke had turned everything over to him
ia compliance with his demand excepting
the books, papers, etc, locked up in the
vault. The accounts, the receiver said,
were necessary for him to reach large
amount of outstanding indebtedness-ac-
counts and bills receivable-aggrega
about $4,000, and without these docu-
ments he could not ascertain who were the
debtors of Lindauer, Bros. & Co, and
these debtors. being in different states,
could be garnisheed or attached by their
creditors.
Attorney Mayer appeared for Judge
Prendergast and entered protest against
the court making any order in the case
I'm one branch OF this court" said the
counsel for Judgt Prendergast, they are
raising a great howl about conflict of
jurisdiction, and yet counsel are now pre-
cipitating such a conflict. Judge Prender-
CAST turned over TO Deputy Sheriff BHrk
all those books and papers, not as deputy
sheriff, but in his individual capacity TO
order him to surrender them would be
simply to hy in the face OF the county
judge"
Answer was made on behalf Of the sheriff
and his deputy that the papers were held,
not in their official capacity, but az Gus
todiaus for the county court, which had
impounded them and that Therefore they
had not been turned over to the receiver.
Judge Horton expressed the opinion that
this was rather an anomalous pleading.
The hearing was then suspended
while Judge Horton consulted with
Judge Tuley. When the session
was resumed Judge Horton suggested that
the papers remain In the custody OF the
deputy sheriff, but that the receiver be
allowed access to them. This was not sat
isfactory to either side. On behalf of the
receiver il was claimed tbTt he needed
the use Of them without restriction; and.
on behalf of the county court and the
unsecured creditors, that the object II
getting at the papers was to destroy evil
dence
Judge Horton then said it was unneces-
sary to proceed further as be would refuse
AT present TO make any order IN the case,
out of courtesy 70 the county court.
This matter being settled, Mr.. Stein re
sumed his argument before Judge Tuliey,
Judge Horton also being on the bench.
Mr.. Stein had not concluded his argument
when the court took recess.