The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1893-09-07
VIM. McGEORGE AND 9TH.
ERS VS.. BIG STONE GAP
IMPROVEMENT co.
Full Text of Judge Goff's
Opinion.

In the Circuit Court of the Unites
States for the Western District o
Virginia, at abingdon.
VIM. McGeorge ct al
VS.. In Equity.
Big Stone Gap I'M
provement Go.
Application for Injunction an(
Appointment Of Receivers
T. S. Blair, Counsel for Compl' nts
Bullitt d Mcdowell, ST. John Boyle
Counsel for defendant.
opINIoH-N. GoFF, CIRCUIT JUDGE.
This suit was brought by VIM
McGeorgc, .ir., in his own right and
as trustee, John G. Dullitt, Samuel
Dickson, Joseph l. Doran, Joseph B
Altemus, George Burnham, Charles
c. Harrington, William Pepper, John
II. Diugec, Samuel w. Golfer, jr.,
and Henry Lewis, citizens of the
state Of Pennsylvania, suing for them
selves and all other creditors and
stockholders Of the Big Stone GAP
Improvement Company, who will be-
come parties and contribute to the
expense hereof, againststae Big Stone
Gap Improvement Company, cor
poration created ly the laws of the
State Of Virginia, citizen Of said
state, having its principal Office and
place Of business at Big Stone Gap,
in Wise county, Virginia.
On the Goth day of May, 1898,
upon reading the bill, aiiidavits and
exhibits fled Herewith, granted an
order appointing H. C. Wood and J
X. Taggart provisional receivers OF
all the property Of the defendant, and
| I directed that notice of such action
he served upon the Company, and
ordered that it appear on the 18th
day Of June, 1898, and show cause
if any it could, why such appoint
ment should not be made permanent
An Injunction also issued as prayed
for.
On the day ordered defendant APP
peared by counsel and rendered its
demurrer and answer to the bill, to-
ge.!cr 18th aflidavits and exhibits.
Prior to the fling Of the same Jno
G.. BulIitt, Samuel Dixon and JOSEPH
]. Doran, who are named az com
plainants in the bill, through counsel
stated to the Court that their name:
had been used as such without then
authority, and filed a motion to strike
the same from the bill and record o.
this cause.
On considering the same, it ap
peared there had been a misunder
standing among several OF the com
plainants about the use Of said names
and misoonstruction of the author
ity given relative thereto, it was or
dered that the names mentioned b(
stricken from the bill, and that as t.
said parties tie suit stand dismissed
And for like reasons it was at the same
time ordered that the names OF Bull
tit, Dixon and Dale, as counsel to-
complainants be withdrawn from the
bill and record Of this cause.
1t is stated in the bill that the Biz
Stone Gap Improvement Company
was organized under the laws OF the
State Of Virginia, its object being t.
lay out and sell town lots /; that one
million dollars in first-mortSag'
bonds. and one million, five hundred
thousand dollars in capital stool
were issued to the original holders o
the lands that had been conveyed tt
the Company, the compliments be
inc part of them, and also that one
million dollars in stock was retained
bv the Company as treasury STOCK
that the present management OF tn
Company has exercised almost abso
lute authority over the affairs Of thu
Company since its organization; tina
the funds and assets of the Compan,
have been wasted, misappropriatet
and diverted to purposes wholly tor
e;pn 10 that for which the Compan,
was organized, to the great loss an'
injury of compliments that th'
Company has defaulted for live year,
in the payment of interest on 1T
bonds, and is also in default in thu
payment of state, county and munlcl