The Brunswick times. [volume] (Brunswick, Ga.) 188?-1900, 1897-06-01
the Land and Naval Forces at St. Simon is Capital Idea and Grand
BRIESENICK DECISION.
Text of Judge Sweat's Decree in the Receiv-
ership Case.

| orSulp SdSes
!. The following is the full text of
Judge Sweat's decree in the now fa-
nous Briesenick ieceivership case:
AT CHAMBERS,
BRUNSWICK, Ca, May 2S, 1897.
The above stated cause having been
duly heard under order therefor reg
ularly granted upon the petition, an
swer, demurrers, etc, and after con-
sidering the evidence submitted and
the argument of counsel made, it is
ordered and adiudged that pending
said cause, and until the final deter
mination thereof, that the defendant.
Robert E. Briesenick, be restrained
and enjoIned, under penalty of being
attached and punished as for a con-
tempt of court, from selling, trans
ferring or in any manner disposing of
any part or portion of the real estate
described and claimed by plaintiff in
her said petition as belonging to the
estate of the SAID Ernest Briesenick,
or in which he had an interest, as al
legged, or from mOrtgaging the same or
from creating any lien or rlncumbrance
thereon, or from selling or mOrtgag-
/ ing or creating any lien whatever
upon the mercantile business de-
scrlbed, or from selling, assigning or
otherwise disposing of any of the
! stocks, chooses in action or other assets
described and claimed to belong to
said estate, or in which it is claimed
that the said Administrative has such
an interest, or from removing, per-
mitting or causing any of same to be
removed beyond the limits of the state
and jurisdiction of this court, or from
wasting or in any manner Injuring
or destroying any of the aforesaid
property, chooses in action or assets of
any kind whatever, to the end that
the same may be held subject to a full
and complete accounting between
plaintiff and defendant and to such
final decree as may be rendered in fa-
vor of the plaintiff to any SAID prop
erty, chooses in action or assets of any
kind whatever, or for such interest
therein as may be found in favor of
the plaintiff and for such sum of
money as may be found due her upon
said accounting.
Provided, however, that nothing in
this order contained shall operate or
be construed to lnean and operate as
restricting or enjoining the defendant
In the mean time and until the further
| order of the court In the premises
| from possession, management and
control of any of the property, chooses
in action of any kind whatever de-
scrlbed and claimed in plaintiffs said
petition; including the mercantile
| business described and the conduct
thereof by defendant or any use there
of not inconsistent with the proper
preservation of same and which does
not tend to the waste or destruction
thereof. 1t is further ordered and ad-
| judged that the sum of one hundred
and ten 75-100 dollars be paid to John
9. Lehman, the temporary receiver,
| for actual expenses In connection
with said receivership, and the fur
| ther sum of two hundred and fifty
dollars be paid to him as compensation
for services as temporary receiver,
and that the further sum of twenty
| five dollars be paid TO w. G. Holmes,
the acting official stenographer, for
taking down the evidence and a re-
port of the hearing had in said case !;
shese sums to be paid out of any fund
in the hands of said temporary re-
ceiver or to be levied and collected
out of the assets now in the hands of
said temporary receiver; the said tenn
porary receiver thereupon discontin-
ued and the said temporary receiver
to surrender and deliver up to the
defendant all the property. chooses In
action and assets of every kind what
ever, seized and taken possession of by
him, together with. any and all papers,
proper to be delivered to defendant in
| connection with the conduct of the
mercantile business described, not to
include any documents, books, papers
or records used as evidence in the
hearing in said cause, any such to be
| filed and kept in custody by the clerk
of Glynn superior court, subject to
future inspection thereof in his pres
ence, and either party to be furnished
with copies of any such by said clerk
on demand and for use, if required
upon the final trial of the cause.
Provision is made, as hereinbefore
stated, for the present payment of the
receivership expenses, compensation
to the temporary receiver and fees for
the stenographer because of the ne
cessity of the temporary receivership
and of the services of the stenOg-
rapher, the same being proper
charge against the assets aforesaid,
and to be taxed ultimately against
plaintiff or defendant, together with
the court costs in said cause as may
then be adjudged TO be proper.
Other than as herein provided, in
junction and recelvership is denied
and refused.
J.L. SWEAT, Judge s. G. B. J. G.