Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-23
JUDGE MC0RD'S ORDER.
The Order of the Court Appointing Re
ceiYers of the International.
Al Injunction Against Jay Gould Restraining
Him from Interfering with the
Operation of the Road
special to the Gazette.

Special to the Gazette.
TYLER, TEX, Feb. % Following is
an official copy of the order Of Judge Nc
Cord placing the international and Great
Northern railway in the hands of receiy-
ers:
No. 3l23-Jay Gould, plaintiff, vs.. In
ternationaI and Great Northern railroad
company In the Seventh judicial dis
trict in and for Smith county Tex. Feb
ruary Is, 1889. This day came on further
to be heard the above entitled cause and
the parties appearing by their attorneys
rs follows to-wIt: The plaintiff, Jay
Gould, by his attorneys, Whitaker &
Bonner; the defendant, International
and Great Northern railroad company,
by its attorney, J A. Baker; the inter-
venors, Gus Taylor and J W. Mitchell,
by their attorney, Horace Chiffon; the
intervenor, W. n Brazil by his attor-
ney, John M Duncan; the mtervenoT,
Richard Wooten, by his attorney, J. +.
Onion, and the intervenOr, Missouri.
Kansas and Texas railway company, by
its attorney, ". S. Herndon, and the
receiver, H. c. Cross, of the Missouri,
=
ney, r. c. Foster, appeared all in open
court and upon the regular call of said
cause announced ready for trial. And
thereupOn the pleadings were read and
the argument of counsel for each Of the
parties appearing in said cause and the
matters in controversy having been fully
considered by the court finds as follows
to-wit: / That there was due and legal
service upon the parties. 2 That on the
first day of this court, the 18th day of
February, the plaintiff, Jay Gould, by his
attorney, called up said cause for judg-
ment out of its regular order and the de-
PENDANT railway appeared IN open court
by its attorney, Mr.. MerOriOm, with
resolution of the board Of directors au-
thOrizing him as attorney TO confess judg-
ment in favor of plaintiff for the amount
Of his claim, 1896 $3.50, besides interest
thereon. Taylor & Mitchell appearing
by attorney and asked leave TO inter-
vene, and court took a recess
till o CLOCK p. m. and said Taylor
and Mitchell appeared and asked leave to
file interventions, which was granted
subject to exceptions. George A. Eddy
and Il. G. Cross, receivers Of the MIS-
souri,, Kansas and Texas railway, ap-
peared by their attorney, w. S. Hern-
don, and plea and answer subject to eX-
Ceptions, and w. n. Brazil and Richard
Wooten, by their attorneys, asked leave
to file interventiOns, all of which were
allowed, subject to exceptions, and said
cause postponed by order of the court
till default day, February Is, 1889
3. Said cause came on regularly to be
heard again and the Missouri, Kansas
and Texas railway company appeared by
their attorney, W. s. HeTndon. and pre-
scented its bill of Intervention, which had
been duly filed in this cause February IS,
1888, and PRAYED that leave be granted
to file the same now for then, which was
granted, subject to exceptions. Also,
said receivers, George A. Eddy and IL
g. Cross, appeared by their attorney, W.
S. Herndou, and abandoned the plea and
answer filed herein February II, 1889,
and thereupon the plaintiffs attorneys
moved the court to grant further time for
consideration of the bill of Intervention
filed by the Missouri, Kansas and Texas
railway company, and the attorney of
said intervenor consenting, the case was
postponed until 9 o clock a. N. Satur-
day, February Is, 1889.
4. At O'Clock a. m. February Is,
1889, said cause was regularly called and
the announcement rs above stated. And
thereupop came on the motions of plain
tiff to strike ont the FIVE interventions
aforesaid, and upon said motions and the
pleadings and exhibits the court ordered
that argument be heard upon all at the
same time, and having heard argument
upon all the matters in issue between the
several parties at interest, and the same
being considered, the court overrules the
motions TO strike out the said interview
tions, to which plaintiff s and defend
ant 5 attorneys except.
5. The court further finds, upon
consideration, that the four inter-
ventious, to wit, Taylor, Mitch
ell, Brazil and Wooten, do not show
sufficient grounds to eutitle them TO all
the relief prayed for herein. Under the
of said interventions it is ques-
tionable if they are such creditors or
parties "a could under the
law have a receiver appointed to protect
their rights, the court, however, allows
them to remain for such relief as they
may be entitled to receive ultimately in
this suit
G. The court finds that the Intervention
fled by the Missouri, Kansas and Texas
railway company Is by a stakeholder,
that said inteTvenor is the owner of 81
2S4l5 shares OF the capital stock of the
defendant international and Great
Northern railway company, and that the
total stock issued and outstanding by
said defendant company Is 81 ,484L
shares
Z. That defendant railway has failed
and neglected TO defend said plaintiff 5
suit on the contrary has offered to confess
judgment for plaintiff for the amount
s. That the allegations of fraud and
on the part of plaintiff and his /
directors and officers to give plaintiff a /
judgment and preference over other cred
itorS and interested parties at interest duly /
sworn TO, has not been plead TO or denied +
by defendant railway or said plaintiff.
81. That the Missouri. Kansas and I
Texas railway company. as alleged, is (
entitled to the possession of the defend +
ant railway company as against jay
Gould and his board of directors, ana +
that they are wrongful possessors of f
defendant railway and property, and .
may use their possession to the injury of {
ntervepor.
3. The court finds that rs Plaintiff jay
Gould has alleged in his petition, the .