The morning call., 1893-10-17

Der 2 asking that receiver for the hank
might be appointed, and asking that Cen
eral Wiley might be named.
Afteri the attorneys for the bank had
asked that the petition might be denied
Judge Hebbard said that the decision OF
the Supreme Court placed the Commits
sion ers in complete possession to close up
the banks affairs. if necessary. and that
their wishes should be respected, and he
accordingly made the following order ap-
pointing General Wiley:
Upou the reading and filing Of the affidavit OF
W. II. knight in the above entitled proceedings,
and upon the verified complaint ON tie in this
action and upon good cause shown, IL now and
here is ord red that h. /. Wiley be and he is
hereby appointed receiver in the matter OF the
above entitled action, and as such receiver he
is hereby ordered TO take possession OF the as
sets Of Ihe Pacific Bank, the corporation de.
feudant herein. and 10 take charge OF all and
singular the matters and things wherein said
Pacific Bank Is interested.
And IL is further ordered that said 81. l.
Wiley as such receiver shall keep the assets
and the business OF the SAID Pacihe hank' Ge-
fendant corporation, IN statu quo, ana DIS
powers as such receiver are hereby limited To
taking charge and preserving the assets or
said bank, The corporation defendant, In the
same manner before stated and as before re-
cited, to preserve and protect the assets OF said
bank In so far as that such assets snail be ke pt
In as near their present state as possible.
And said II. l. Wiley a. receiver by this order
Is hereby instructed 10 advise this court II any
of the affairs of this bank are In such c0ndl-
tiOn as 10 require immedia attention for the
preSerVaIiOniof such assets. AND other than TO
preserve such assets in their present condition
and to take general charge OF the same said re-
cetver Is not empowered TO act without the fur-
ther order of this court.
The appointment OF said II. l. Wiley is made
temporarily only and upon and pending de-
termination of this case upon its merits or
until the further order of this court.
This order shall take effect upon the filing by
said II. ]. Wiley OF good and sufficient under
taking In the sum OF 100000, with two or
more suretles. TO be approved by this court.
The appointment OF II. |. Wiley such re-
ceiver Is made upon the recommendation and
at the request Of w. b. Knight and c. H. Duns
moor. ajoriy of the Board of Bank Com
missioners of the State OF California.
j. C. B. HEBBARD, Judge.
Dated October 16, 1898.
Thus it will be seen that Willey's duty
as receiver is simply 10 keep the banks as
sets intact until the argument on the in
junction made by Judge Hebbard on Sat-
urday night, and which is set for Novem-
ber 8.
AT the same time that the receiver wa
appointed another restraining order was
issued, absolutely prohibiting the bank
dir ectors from doing any business for the
bank pending the decision On the injunc-
tinn.
Upon reading the complaint filed herein. it Is
hereby ordered that the defendants, and each
of them, appear before me In Department Four
a. of said Superior Court at the courtroom
thereof in the city, county and Stale, on the Sd
day OF November, 1898 at 10 O'Clock OF said
day. and show cause, II any they nave.
why the injunction prayed Tor In said
complaint be not granted. And II is further
ordered that in the meantime ana until the
further order of this court The said defendants
aud each or them, TO wit, r. h. Mcdonald, r.
II. Mcdonald Jr, Frank V. Mcdonald, WILL
Columbus Waterhouse. F. j. Iiams and Pacific
Bank, .be and they are here absolutely re-
strained, eniOiDed and prohibited from trans
aching any further or any business as and for
said Pacific Bank and from transacting any
further or any business as directors. employees
OF agents as and for said Pacific Bank.
JIG. b. HEBBARD, Judge.
Dated October 16, 1898.
AS soon as Judge Hebbard made the
order the banks attorney moved to set
the appointment aside. and it was agreed
that the matter would come up before the
court at O'clock this afternoon. But the
attorneys diSclalm any intention OF making
any serious effort in support of the mo-
tiOn, but are merely going through the
formality, in order TO make out case be-
fore the Supreme Court, to which they
will carry the appointment on the ground
of excess Of jurisdiction.
The attorneys for the Pacific Bank went
to the City Hall for an entirely different
purpose yesterday than to argue against
the appointment of a receiver When
of Pine and Sansome streets il was with
the intention of asking Judge Hebbard to
modify the order of Saturday night, and
when they arrived in the Judges chamber
it was to find the attorneys for the Com
missionerS there before them and the
Judge in the act of temporarily appointing
a receiver.
The money which has been in Sheriff
McDade's hands as receiver for the period
since his appointment was under the con-
troll of the bank directors, as represented
by Richard Mcdonald, for few short
hours yesterday.
Early in the forenoon the attorneys for
the bank saw Mr.. McDade and told him
that the restraining order would certainly
be modified in the afternoon, and it was
all right for him to turn over the cash
which he was holding
McDade accordingly went to the Nevada
Bank and drew the money, which he gave
to Mcdonald. with the understanding that
1t must be returned if there was any reason
why McDade should demand 1T.
The sack of coin was taken to the Safe
Deposit building and there locked up, but
little bit later McDade saw his attorney,
and was advised that be bad better retain
possession of the cash until he was ordered
by the court to pay 1t over.
Accordingly be went back to the bank
and demanded the money. and, in company
with the attorneys, r. FL. Mcdonald Jr.
went to the safe deposit vault and un-
locked the gold. which McDade again car
ried TO the Nevada Bank, where it is now
deposited 10 his credit.
Under writ of execution on the judg-
ment obtained by Ferdinand Smith for
S21, 1S9 06. Sheriff McDsde levied upon the
fixtures of the Pacific Bank yesterday and
they will be advertised and sold unless
the judgment is satisfied in some other
way.
Smith deposited this amount in the bank
on the last day the bank was open, and he
attached the bank fixtures. which have
since been held by the Sheriff.