The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-08-31
IN AND ABOUT THE CITY
LONG LITIGATION BEGUN.

Capt. John r. Dillon Appointed Re
ceiver of Epstein e. Wannbacher.
Capt. John r. Dillon was appointed re-
ceiver of Epstein & Wannbacher by Judge
Falligant sitting in chambers yesterday,
and he will qualify tomorrow morning
aud enter upon the discharge Of his duties
at noon tomorrow. at which time Sheriff
Roman, the temporary receiver, will turn
over the assets Of the firm TO Capt. Dillon.
Judge Adams, representing some OF the
preferred creditors, sought to have David
Robinson, @. S. Haines or A. c. Harmon
appointed, but counsel for the unDreferred
creditors who had suggested Capt. Dillon
were unwilling to withdraw his name.
The argument was heard in the new
superior court room, and nearly every at
torney of prominence in the city was
present, and 70 judge by yesterdays argu-
ment every inch of ground will be con-
tested by the unpreferred C editors.
Receiver Dillon is ordered to at once pro-
coed TO make full and complete inventory
OF all Of the goods, assets and effects that
come into his hands, and TO file the same in
this court within ten 40 days from the
date of his qualification, and to make a
full inventory of the perishable goods; and
to sell said goods, assets and effects from
day to day at private sale at the store lately
occupied by the defendants, advertising
the me In the two daily press newspapers
published in this city, and elsewhere, if
necessary in his Judgment, before the COM
mencement of said sale, and i'll such other
manner as he may deem best from time TO
time during its progreS.
1t is the further order of the
court that the lien of the mort
cages held by the petitioners, Samuel
Herman, Mrs. Fannie Josephs and Mrs
Sophie Lehman, a we'll as the liens claimed
or claims Of title by any other creditor o.
party to be found 10 exist, be presumed as
against the fund which arises from
the sale of the property and funds
covered by said mortgages, or liens or
claims of title, and the receiver is required
TO keep a separate account OF tie sale OF
said property and effects that may be COW
cred by said mortgages or liens, or claims
for titles
The receiver is authorized to secure such
assistance as may he abs )lutely necessary,
and before entering upon his duties as re-
ceiver. file bond, with security to bs APP
proved by the clerk Of the court in the sum
Of 200. conditioned for the faithful dis
charge of his duties; the bond to be filed
and approved not later than next Tuesday.
The receiver is directed to effect all rea-
sonable insurance on the property, and to
deposit all funds in any bank OF the city of
Savannah, subject to the joint order of him
self and the judge Of the court. and TO re-
port such deposits.
Nothing in the order is to affect or preju-
dice the right of any creditors to attack
the validity of any mortgage, lien or claim
of title, or to show any right, legal or
equitable, which may defeat the liens or
priorities claimed by any other creditor.
The order Of the court does not declare or
adjudicate the priority Of any party over
another, but only fixes upon the proceeds Of
sale such legal and valid prio tiles as may
exist in the property to be sold.
There was stricken from the amended pc
tftion Of Denmark, Adams IL Adams the re-
quirement that the secured creditors should
answer under oath what notes and
accounts had been assigned to them
by EDstein and Wannbacher, and
what Indebtedness and Endorsements the
assignments were made to secure. The
order as granted make the secured creditors
parties defendant to the original bill. and
process Is to issue requiring them to answer
the petition, discovery being warned"
and they are restrained from turning over
any notes and accounts on the proceeds
thereof given them by Epstein AID Waun-
bacher to secure thens and they are re-
quired to turn over to the receiver all
chooses in action or money that may be due
Epstein e. Wannbacher.
further order was taken relative to
interventions, in which any creditor or cred
itors of the defendants are authorized to
file their interventions as parties complain
ant at any time in vacation with the
clerk OF the superior court, with
the right to make such issues
with parties, plaintiffs or defendants as they
may deem necessary for the protection of
their respective rights, and any creditor or
creditors who may desire to iuterpose the
specific claim, under the claim laws of this
state, to any property as against the parties
OF this suit, may do so without any further
specific permission of the court. 1t was
also ordered that the cause shall continue
open for such further inventory orders in
vacation as the nature of the case may re-
quire, which may be granted in reasonable
notice to all parties before the court.
Still another order was taken requiring
the receiver to permit az examination of
the books of account by the creditors or
their agents at the place where the books
are kept by the receiver. and under such
regulations as he may make.