St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-20
WHOSE MOVE next
Bpamhall and Severance Take
j IS
a Fall Out Of Their Oppo-1 d
nentS. 81"
f j,
IN THE NOW NOTED CASE,
srr
OF the Application for a Re-
ceiver for the White Bear
Road.
So
IN THE NOW NOTED CASE.
THE WAR GOES MERRILY ON
And Now Each Side Wonders
What the Other Will
Do.

Attorneys G. A. Severance and W.
E. Bramna1l yesterday won the sec
ond round in the ST. Paul & White
Bear road receivership contest. At
torneys Ambrose .Tighe, j. J. Nc
Caffcrty and Thomas D. O'Brien,
who has also been called into the
contest as legal representative of
some of the bondho1ders, and even
Judge Willis had been turning over
in their minds the nice questions
of law about to be raised in the
fight. when Severance and Bramhall
suddenly took a fall out of all Of
them. To more particularly describe
the maneuver, it may be said that
this team of willy legal trappers got
a half-Nelson on the whole crowd,
and sent their heels sky-high, and
Judge Willis, who refereed the con-
test, awarded the belt to the two
champions.
The main point on which the OPP
ponents to the appointment of the
present receiver rested was the fact
that Mr.. Tighe had begun his pro-
ceedingS here at an earlier hour
than that at which the proceedings
were begun at Hastings. Mr.. Tighe
placed his papers in the hands of
the sheriff here at Z o'clock Saturday
evening, and it was 6:55 before the
others left for Hastings. Besides,
Mr.. Tighe was in Hastings at the
time the papers were served on H.
M. Byllesby, president of the road,
and could swear from his own per-
sonal knowledge that it was at a
later hour than that at which he
began his action here. This would
raise a fine point of law, and it was
this nice legal puzzle with which
! Mr.. Tighe and his associate counsel
in the case We're toying in their
minds-going through a series of.
mental gymnastics, as it were, pre-
pairing for the onslaught-when they
all appeared before Judge Willis at
o'clock yesterday morning, Sew
erance and Bramhall to show cause
why a receiver should not be ap-
pointed-despite the fact that one
| had already been appointed-and
the others to give reasons why one
should be appointed.
The question pending was a mo-
ton for dismissal on the ground that
| a receiver had
| ALREADY BEEN APPOINTED c'
and Severance and Bramhall took their
half-Nelson right at the first jump aud
| never let go until they had the air full
| of heels. This was in the shape of a
number of affidavits to the effect that
| the complaint of the St. Paul Title In
surance company, the one on which
the receiver was appointed by Judge
Crosby, was served on Mr. Byllesby
by Attorney Kellogg, Mr.. Severance's
partner, at o'clock, before the party
left the city and two hours before Mir.
Tighe had begun his action. They
| maintained that the service in Hast
| ings was simply a second service to
make sure Of avoiding every possibility
of a hitch. This was a sumner. It
| might be suspected that the affidavits
were false, but who could prove it? No
one. It was a dead cinch
Mr.. Tighe made affidavit that he was
in Hastings and saw the service there,
| not been q previous service. There is
| nothing in the law to prevent a hun
dred services if the parties to the suit
| choose to spend their time that way
| Mr.. Tighe went on orally to argue that
| the method employed by the attorneys
in bringing the case before Judge Will
lis and then withdrawing it and going
| before Judge Crosby was evidence that
| they would go to most any extreme TO
carry their point. The brilliant little
lawyer became quite warm and made
an imprisoned address, dwelling on
the affront given to Judge Willis by
the opposing counsel, and shaking
them up generally for their resort to
questionable sharp practices. e..
Mr.. O'Brien also spoke with a good
deal of fire, and criticised the action of
Judge Crosby in appointing the re-
ceiver after the case was brought be-
fore him in the way it was.
But it was all to no purpose. Attor-
neys Severance and Bramhall stuck to
their half-NelSon like grim DEATH and
there being no evidence to contradict
the affidavits setting forth that the
service was made at o'clock, there
was no alternative for the court but tc
dismiss the case.
What the next move will be is a con.
undrum, but it is evident the matter is
far from settled.