Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-08-04
A VIRTUAL VICTORY.
AN IMPORTANT OIL CASE THROWN OUT OF
THE o. S. COURT,
By Judges Golf and Jackson, Yssierisy-An Eab-
orats Argument of Very Important Casa in
Which Caldwell & Caldwell Won.

After a most interesting argument,
covering two days Of solid work, in the
United States Court at Petersburg, a
decision was reached yesterday in the
big oil case OF D. Fl. Stealey VS.. Capt.
j. T. Jones, dismissing the case for
want Of Jurisdiction.
The case is somewhat complicated
one, involving an immense amount OF
property In the Slstersville oil field, and
the matter has been pending for quite
q time, and is still pending in the
Circuit Court Of Tyler county, having,
also, once been to the Supreme Court OF
Appeals. Capt. Jones, the defendant
in the litigation, has come out decided
ly on top in the proceedings thus far,
and yesterdays decision, before Judges
Golf and Jackson, Is another feather in
his cap and In that Of his counsel,
Messrs. Caldwell s. Caldwell, OF this
city.
The case as originally brought in the
Circuit Court OF Tyler county, had the
title OF W. II. Gillespy and D. H.
Stealey v. ]. II. Jones, and in it the
plaintiff sued for the appoin tment OF a
receiver for largo oil properties held
and operated by the defendant. This
case came to trial, was carried up to
the Supreme Court, was remanded back
to the Circuit Court, and the final re-
suit, SO far as the cause has progressed,
was to leave Capt Jones in possession
OF the property. except as to the seven
tenths of one-eighth-or fraction OF
the royalty-regarding which a decision
is vet TO DO had.
With matters In this situation In the
State Courts, Stealey and others, through
S. X. Werlich, OF Pennsylvania, filed
petition In the State Court for a removal
of the case, on account OF local preiu-
dice, and also made an affidavit and
filed papers 10 the Circuit Court OF
Tyler county, for removal OF the
cause TO the United States Circuit
Court. They also brought, In the
name of d. Fl. Stsaley, an original bill
In the United States Circuit Court, for
the same thing which was pending In
the State Court. Judges Cot and jack
son, on motion OF Capt. Jones, remanded
the case back to the State Court for the
reason that ii had originally instituted
and was still pending therein, which de-
cision left only the suit instituted by d.
H. Stealey pending in the Federal
Court This case was suit
praying for an Injunction against
Capt. Jones and for the ap-
pointment OF a receiver for all the oil
not already ordered By tho State Court
to be put 10 the hands OF the receiver
appointed by that Court. This motion
for the appointment OF receiver in the
United States Court was about to be
argued by Hon. John A. Hutchinson
and Judge T. |. Stealey, who have been
counsel all through for plaintiffs against
Capt. Jones, when Messrs Caldwell &
Caldwell, OF this city, counsel for Capt.
Jones, interposed motion for the
dismissal OF the suit In the
Federal Court for want OF Jurisdiction.
This motion was most deliberately
argued before Judges Golf and Jackson,
az Petersburg, Thursday and yester-
day. and the Court, after careful consld-
alton, sustained the motion, and dis
missed the case at the costs OF complain
ant-Stealey.
This dlsposes of all litigation In the
United States Court, and forces the
plaintiffs 10 seek whatever remedy they
ara emitted TO in the original case in the
State Court, where, as has been above
stated, only a small fraction OF the oil
is now in controversy.