Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-21

defendant onght TO be held and appl ed
to payment Of current expenses and the
interest on the bonds secured; but which
cannot be done so long rs the property is
in plaintiffs hands. That q receiver should
be appointed, and the books, papers and
contracts turned over with full power to
appear and defend this suit of plaintiff
and administer the property in the inter-
est and for the benefit of the defendant
railway its creditors and stockholders.
Petitioner charges that the annual ac-
counts of plaintiff and his agents and di-
reetOrs show that the said international
and Great Northern railway is insolvent
and in Imminent danger Of insolvency
That, as alleged, since 1881, said defen-
dant has been so operated that
it has made n deficit of
more than one and half mil
lions of dollars; that said defendant
made deficit since 1885 of over $500 600;
that plaintiff admitted, as alleged that
defeudept railway had q deficit in May
1888, of $500 900, aud required S246 900
more to meet its deficit. That plaintiff,
by himself and his board Of directors, in
plaintiff IS petition shows, as exhibit
s'E, - that defendant defaulted May 1,
1888, November l, 1888, and suit has
been instituted or overdue notes and OBJ
legations of defendant railway company.
That defendant company offers nov 10
confess judgment for over $500 200 over
due, when defendant has not been able
TO pay. So your petitioner charges and
AYERS that said defendant railway is in
imminent danger of insolvency; and
further charges and believes that said
defendant railway is insolvent and who'll
" unable to meet its liabilities now past
due against it, as well as other accruing
liabilities.
Inasmuch as your petitioner and de-
PENDANT are liable to obtain adequate re-
lelief against the said plaintiff otherwise,
petitioner prays the court that it be al
lowed to file this intervention, and APP
pear and defend the International and
Great Northern railway company from
the plaintiff S suit; and that this inter-
vention may be for all stockholders SINH
larry situated to appear and join in this
suit and make defense against plaintiff 5
said suit.
Petitioner prays that the notes and ac-
counts sued ON in the plaintiff 5 petition be
inquired into. and if it be found fictitious
and fraudulent, to be cancelled and held
for naught; and that plaintiff be re-
strained and forever enjoined from setting
said defendant railway company. That
the defendant railway company
have Judgment against said plaintiff
for all the sums herein plead; for dam
ages to the securities by depreciation
thereof the sum of 81 ZOO 900; for caus-
ing the annuling of the valuable tax
exemption, the sum of $500 900; for the
rental value of said defendants rail-
way since April 2, 1888, $500 ,0G0; for the
diversion of the traffic from defendant
railway as alleged, in tbs sum of 81 =
GOO 900; for the wrongful lease of de-
PENDANT and the injuries in
fiicted, 81 900 200, all of said sums are
plead in recOnventiOn and in offset, so
far as they may be so, to the claim of
said plaintiff alleged in his petition.
Petitioner plays that the court do ap-
point q receiver with full and ample pow
ers in the premises, who shall take charge
of the said international and Great
Northern railway company and all its
property, and with full and ample power
to sue and be sued; and that he operate
the said property, under the direction of
this court, for the best interest of all
persons rightfully concerned; and that
your honor fix reasonable bonds, and
make all such needful orders in the mat
l6I db nc anu kJ1OpSI L III LilCA
that your honor issue an injunction re-
straining said plaintiff and the officers
and agents of said defendant railway
from, in any manner, interfering with
the properties of said defendant railway;
and that all the costs may be taxed as the
court may deem proper and just; and for
all such other and further relief in the
premises as may DE meet and proper.
- MISSOURI, KANSAS AND TEXAS r Y Co.
''By W. S. Herndon, Attorney
AFFIDAVIT, CERTIFICATE OF OFFICER ETC.
I, John W. Spivey do hereby say that
the above and foregoing thirteen and n
half pages of type-writing is true and
compared copy of the original petition,
save and except the exhibits, which are
omitted by order. Said original petition
bearing the file mark of the clerk of the
district court of Smith county Tex. and
date of filing February -, 1889.
This February Is, 1889.
JOHN W. SPIvEY.