The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-06-24
CAPITAL In COURT
D. O. MORAY APPOINTED RECEIVER
OF T0PEKA,S MORNING PAPER.

J.E Baker of ST. Louis Alleges That the
Transfer of the Newspaper Plant by j..
X. Hudson to the Capital Company in
1890 was Fraudulent and Done for the
Purpose of Defrauding Creditors and
Asks for the appointment of a Receiver
Judge Williams sustains the Motion
and Respites the Company Twenty Days
Judge Williams yesterday sustained
STo motions Of ]. E. Baker, Of St Louis,
and appointed D. O. McCray, Of Topeka,
ss receiver for the Daily Capital.
The suit was Instituted by j. E. Ba-
ter, of St Louis, VS.. ]. K. Hudson, in
which the plaintiff alleged that the
transfer of the Capital stock by j. X
Hudson to the newspaper company IN
7 me. 1890. was fraudulent and done by
J. K. Hudson for the purpose Of escap-
ing his judgment creditors. J. Z. Baker
Id Judgment against j. K. Hudson
ard for the purpose Of collecting MS
G. ht he filed the petition asking that
Re seiver of the Topeka Capital should
be appointed.
ME entire forenoon was taken I'D
IN arguing the case and the judge sus-
Il ned the application for the appoint
II ut OF receiver on that ground only
he court granted the Capital COM
p2ly and J. r. Mulvane, mortgage,
Il enty days in which TO perfect an ap-
pacl to the court OF appeals 1t further
& ees that if J. r. Mulvane shall pay
u me register of the court the sum Of
.oer's judgment, together with the in
tef st and costs, that the order for a
10 liver shall be vacated and the amount
C Bakers judgment shall remain in the
lands Of the register Of the court until
TIE case is finally determined.
y. c. Perry, attorney for Mr.. Null
var e, in speaking Of the matter to re-
p. CT for the Eagle said: There is
10 doubt that either an appeal VIII be
pei. ected or the money viii be paid into
70 hands of the court registry, which
in ither case will vacate the order for
q eceiver.
4" was simply an old debt Of J. x.
Fu son and Baker believed we would
u, date the sum rather than go into
COZ I, but the Capital company is ready
- light the matter 70 a finish. The
cor pany is ready and willing 70 pay
T. amount Of the judgment into court
I'd y, and We were anxious for Judge |
W. Jams to make the order to that ef-
f5ct today, but he declined and pre- |
far- red that the case should take its |
IA; raj course and said that he was !
SOW TO make an order for the appoint !
nsrt of a receiver for an influential |
dairy paper, but that It was his clear |
dGty to protect both sides and that the (
apr IMMINENT OF q receiver with twenty :
6ays in which to either perfect the ap-
peal or pay the amount into the registry !
CT ne court was the simplest and cas-
lest way out Of the controversy.
''lEoth sides agreed to the appoint
E-cert Of Mr.. McCray, who IS an old |
new spaper man, as receiver, and the |
court fixed his bond at So. 900. This !
sVi- Will make no change virtually in
the management or policy Of the paper"
Mr.. Mulvane was present during the
con yersstion and ratified the statements
Of IIr. Perry with reference to the Cap
ital. Continuing, he said: 1.-THE
2nn Junt of Mr.. Bakers judgment is
now ready to be turned over to the
r5S -stry Of the court of appeals and
NJ n the evidence is all brought in
the Ne will be no further trouble. It is
not a Capital debt, but one of J. K
Hudson prior TO and before the life Of
the company"