The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1897-01-29
POstOn Removed
As Receiver Of the G. s. & H.-The
Court Orders all Moneys and Prop
erty Surrendered.

The receivership case of the CO.
lumbus, Sandusky & Hooking Rail-
road company was set aside by
Judge Tall Slough at Lancaster
Tuesday afternoon. 1t was one of
the most important cases ever tried
in Fairfield county and attracted
the attention of the public, as well
as the railway world. 1t was OF
especial interest to the public, since
it threatened the withdrawal Of q
large amount of eastern capital
rom similar enterprises in case the
receivership was confirmed and of
great import to railway companies
for the reason that many another
road could be thrown into receiv-
ership on the same grounds. The
history of the receivership Is of
such recent occurrence that 1t Is
entirely familiar to the public and
need not be repeated.
Both parties to the case went to
Lancaster Tuesday prepared to
fight a legal battle. After the
smoke had cleared away it was
found that little ammunition had
been used and that the opening
shots had won the victory. The
present status of the case is ex-
planned fully in the entry which
will he filed Wednesday which Is
as follows:
This day the cause of Gertrude
Hesse, administrative of Neil
Hesse, deceased, versus the Colum-
bus, Sandusky, and Hooking Rail-
road company, came on to be heard
by Judge Tall Slough, one of the
judges of Court of Common Pleas
of Perry county, at chambers, the
motion Of the defendant, the CO.
lumbus, Sandusky and Hooking
Railroad company, to set aside and
vacate the orders heretofore made
herein appointing and continuing
a receiver upon the exhibits and
testimony and was argued by coun-
sci and submitted to said judge, IN
consideration whereof he finds
that said motion is well taken and
should be sustained.
1t appearing to the court among
other things that; the judgment
mentioned in the petition has been
duly superseded and proceeding
iu error commenced against the
laintiff by the defendant, the CO.
lumbus, Sandusky and Hooking
Railroad company, in the Circuit
court of Perry county.
1t is therefore con sidered and
ordered that said Elias M. Poston
be and he is discharged from his
receivership in this action and is
hereby directed not to exercise any
further control over the railroad
company or any of the property
thereof.
And he is hereby directed and
ordered forthwith to give and sur
render to said The Columbus, San
dusky & Hooking Railroad COM
pany and to its president and Of
ficers possession of all the property
Of every kind and description what
soever belonging to said company,
including all It's books and papers
which he as such receiver has in
his possession or under his control,
including all cash ard moneys in
bank and all agents and servants
of said receiver, as well as all
banks in which he may have money
or moneys on deposit are hereby
commanded forthwith to surrend-
er possession of all property of any
kind pertaining to said receiver
ship in their possession or in their
control, including said moneys tC
said Columbus, Sandusky G. Hook
ing Railroad company.
But said receiver is allowed to
retain in his possession 5000 to await
the further order of the court.
1t is further ordered that the
said Elias NJ. Poston within ter
days from this day file with the
Court of Common Pleas of Perry
county an account of his doinge
and transactions under the order Of
appointing him receiver in this ac
tion and that the defendant have
80 days thereafter within which tc
file exception to said account.
To all of which the plaintiff ex,
cepts and so days are hereby al
lowed her to file her bill of excep
tion, and the plaintiff also gives
notice of appeal, and the court fixe'
the appeal bond at $4,000.
Judge Slough in giving his decis
ion held that no bond or stockhold
er could commence an independ-
ent action against this company fol
receiver; that such proceedings
must be brought through the regu,