The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-10-20
sCHWARz'S STOCK TO BE SOLD
SHERIFF ROMAN WILL HOLD THE
HAMMER OCT. 20.

Injunction Against the sheriff
Dissolved and the Receiver as to
the stock Diseharged-A Big Re-
turn Day in the City COurt-TvO
suits Against the s. f. and w.
wilder d Co sue the Ocean Steam
ship Company For &14,OOO-The
May Week Accident Brings on
Two More suits-savannRh and
Isle of Hope Against the Electric.
Damage Suits of All Kinds.
An order was passed in the litigation
over the stock and property of August ".
Schwarz yesterday, which will do away
with any further fighting in the courts I'M
til all of the property has been turned into
cash. and the issues involved come up for
a final settlement.
BY this new order the stock of furni-
ture has been turned over to the sheriff
to be sold at public outcry, after the usual
necessary ADVERTISING This is a modih-
cation of the order that was passed in the
litigation of the National Furniture Com
pany, and Others against August w.
schwarz on Sept. 80
The order of Sept 30, appointed Mr. c.
Fraser Law receiver of the stock and ac-
counts, and restrained the sheriff from
proceeding to sell the stock under a mort
gage fl. ia. in favor of Mrs. Louisa
Sehwarz. The request for a modification
of the order was made by the defendant,
and after due notice to the plaintiffs,
showing being made that the stock was
not sufficient to satisfy the mortgage in
/ 1o,t elr, In,
| Schwarz which amounts to $50, 900. Judge
Falligant modified the order by dlscharg-
ing the receiver as TO the stock, and direct.
ed him to turn over all the stock in his
hands levied on under a mortgage fl. ia in
favor of Mrs. Louisa Schwarz, trustee
and guardian, to Sheriff John T. Roman.
The restraining order against the sher,
| if was dissolved and he was directed 70
/ proceed with the sale of the stock This
| Sheriff Roman Will do after duly adver-
! Using the sale according to Jaw 1t win
! be sold at public outcry to the highest
! bidder in front of the court house, Thurs
| day, Oct. 20.
The fund arising from the sale will be
| held by the sheriff, subject to the order
! Of the court after the final settlement OF
! the litigation The order also directs that
| all expenses of the receivership of the
]
! ing. The receiver is directed to pay over
! any net balance from the stock that may
| be in his hands. The books and accounts
and other assets OF the defendant, how
/ ever, will still remain in the hands of Re
| ceiver Law. He will collect in the ac-
! counts and hold the assets thus received
for the final determination of the court.
! This turn in the litigation, of course,
! dispenses with any long legal fight at the
| present time. If there is to be any
! lengthy contest at all it will come after
the assets are all in the hands Of the
| court, in the shape in which they can
be easily distributed.
Return day for the November term of
i the city court brought in many cases
There were between forty-fve and fifty
fled during the day yesterday and al
together there are ia new suits on the
4 docket, for that term. Many others will
4 doubtless come in, on which time OF fill
| ing and service will, of course, have to be
waived, now that return day has passed
and altogether the number may run up
to 100 or l40. The greater number of these
however are ordinary suits on accounts
and notes, though there are many among
| them that are of more or less interest.
Mrs A. e. Wenz of Brunswick, through
/ her attorneys, Messrs. Brantley q Ben
nett, filed suit in the city court for $1,000
and Western railway. Mrs Wenz alleges
that on May 16 she took a train at the
savannah depot to go to Brunswick She
had the latter end of a round trip ticket,
and when the conductor came to collect
| it, she says, he told her it was not in
proper form, as ii had not been signed
by her in the presence of an agent of
the Savannah, Florida and Western rail-
| way.
She says she demonstrated with him,
stating she had never been informed as
to that point by any one, and that she
could show beyond question that she
was the original purchaser of the ticket.
The conductor she says, refused to lis
ten TO her proof or explanation, and de-
manded that she pay her fun fare to
| Brunswick or get off the train.
She insisted that she was entitled to
| her return passage, whereupon, she states,
the conductor at once stopped the train,
and without more ado, elected her from
it at a point that was half a mile or more
from any railroad station where she had
no police or other protection, and was
compelled to walk to the nearest station,
which was Burroughs. the conductor hav-
ing told her that she could get a train
there for Savannah. The agent there in
formed her that she would have to wait
until late In the afternoon in order to get
a train for Savannah, unless she desired
to walk down to the junction of the
Florida Central and Peninsular.
She suffered great humiliation and dis
tress She states and also from fear and
anxiety as to her personal safety. She
was also put to some considerable trou-
BILE in finding a party to carry her bag
gage. She finally found a train back to
Savannahand says ii stopped for so short
a time and in such a dangerous place
that she endangered her life in getting
on It,
She states that her treatment was due
to gross negligence and carelessness, es-
pecially in putting her off the train in
a place where it was dangerous for her
to be left.
A similar suit, also for 5000 damages
against the Savannah, Florida and West
ern Railway Company, was filed by
Messrs. Brantley & Bennett, representing
Mrs. A. ]. Slater OF Brunswick, who was
with Mrs. Wenz, and who alleges that
she was treated in exactly the same man
ner. being put off the train near Bur
roughs, and compelled to walk to a sta
tion and secure passage back to Savan-
nah.
Mary Joseph has brought suit for dam