Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-08-29
AFFIRMS THE DECREE
COURT or APPEALS DECIDES THE
, SOUTHERN n. & T.. ASSN CASE.
TIE END OF MUCH LITIGATION.
HAD Dragged II way Along Through


United States Circuit court OF ApPtd
yesterday. affirming the decree OF IN
lower court in the case Of LINDA II
johnson. the Southern Building and Loal
Association. ct al. appellants, VS.. ]. X
Miller. ]. X. Miller. ct al. appellees; az
peal from the Circuit Court OF the Unite
States for the Western District OF Vir
ginia. at Abingdon. The opinion wa
written by Judge simonton. The appel
lants. are ordered to pay the costs AM
tho mandate viii issue within ten days.
On the Sist OF March Linda H. John
son, J. T. Barrow and wife, and The
Southern Building and Loan Association
filed their petition IN the main cause III
tho Circuit Court OF the United States
for the Western District Of Virginia, out
OF which grows tho appeal in this case.
This petition. at great length, sets out
the proceedings IN the courts OF Tennes-
see In the Chancery Court at Richmond.
Va, md In the Hastings Court of Pc
tersburg. and, in the main cause in the
Circuit Court Of the United States in the
Western District Of Virginia, and the
confusion which must arise from the va
riety of jurisdictions Of this litigation.
That the parties 20 this litigation had
come together and had entered into an
agreement. the object and purpose of
which was and is 10 avoid further litlga-
ton. TO provide for a speedy settlement
OF pending disputes, and to avoid unne-
cessary delay and expenses I'm collecting
and realizing the assets OF this associa-
ton In the interest Of its stockholders"
THE PRAYER OF THE PETITION.
The prayer of the petition is that the
court enter decree I'm pursuance Of said
agreement, and that II allow a motion
for the dissolution Of the injunction here
tofore made by this court to be entered,
and 10 dissolve said injunction. and that
II instruct the receiver and the commits
sioner Of this court to take no further
steps in reference TO the notes. bonds.
and mortgages Of borrowers from said
association residing within the State OF
virginia; that 1t pronounce such further
decree as VIII properly protect the in
terests OF stockholders in said assOcia-
ton, for the purpose Of collecting and
covering into the registry Of this court
the proceeds from the sales of real es-
tate within the Jurisdiction Of this court.
and after payment of the expenses IN
this court the residue be transmitted to
Knoxville, Tenn, for distribution.
OPINION OF THE COURT
After summing up the proceedings.
Judge Slmonton delivers the following
opinion:
We are not called upon to express any
opinion as 20 the expediency of the pur-
pose OF the petitioners. However deslra-
Die may be the end they have in view
we can only Inquire as 10 the errors COM
United by The court below.
The prayer Of the petition was address,
ed largely 20 the discretion Of the court. II
was In the position to know how the liti-
cation was affecting the rights of all
parties interested lit and 10 decide how
the grant OF the prayer Of the petition
would affect these rights.
Linda II. Johnson had filed a creditors
bill She was acting not only in her own
behalf. but she was asking that others
should come I'm. Every one of the orders
ana DEGREES were passed either on her
motlon or with her acquiescence She
persevered In her applications to the Cir
cut Court of the Western District Of Viz
ginia, after the proceedings IN the Fede-
Tal Court In Tennessee, the Chancerv
Court in the same State, and in the two
state courts I'm the State of Virginia
ana IN all this the Southern Building and
Loan Association was a party, fully con-
curing
AT their instance the court below as
sumed the administration of the affairs
OF this insolvent corporation within its
jurisdiction. The receiver was appointed
ana gave his bond, assuming all his du.
ties. The commissioner was named who
caiieo in the creditors. naming time and
place' creditors came in. their claims
ton.
LOST CONTROL OF THE CASE.
me parties originally on the record
naNe Iost their control OF the case.
O.hers' az their instance, have been in
, or forced to come in. and these are
'ltally interested in the administration
which the court is exercising. When
therefore, these original parties 10 The
record now come in and ask the court to
reverse or modify its orders. to dissolve
It's Injunction, TO stay its hand. stop here
and surrender its administration of fbe|
rights involved in the cause, they are not
the only parties whose wishes must be
consulted. The stockholders and creditors
who have been called into that court and
who have been forbidden 10 so elsewhere
must be consulted As they are In no
way represented in this petition. the
court, at least, must be convinced that
81 is for their interest. as well as that of
the petitioners. that the prayer Of the pc
tition be granted. The record does not
inform us on that point. The court below.
however, was I'm possession OF the whole
case II had knowledge Of the number
and character Of the claims presented
under its order and of the condition of
the litigation therein IL was the duty OF
the court TO exercise its discretion I'm this
matter. and, IL IL were OF the opinion that
the rights Of any other party would be
prejudiced by granting the prayer Of the
petition, II could properly reject it. Espe-
cially so as these parties are not before
the court on their own motion, Tut I'm
obedience 10 its process. as they have
been prevented by It's order from seeking |
relief elsewhere. and have been compelled !
10 be where they are. The court below
did exercise Its discretion and dismissed |
the petition, Notwithstanding the wish OF |
the parties to the record and their attor- |
neys.
NO ERROR COMMITTED.
We are OF the opinion that in this case |
the court below has committed no error.
The principle upon which the court |
acted is stated in Daniels Chancery |
Practice. page 794 6 Am. Ed: after a |
decree has been made Of such kind that |
other persons besides the parties on re-
COrd arc Interested in the procecuffon ~