Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-21
CLASH Of THE COURTS

UlHOIl VI lnC UUUnI0
CONTINUED FROM FIRST PACED
in against the defendant, May T. Parker.
and ii. Is. Adams on the Sth day of June.
1873 requiring them TO show cause on the
10Th day Of June, 1899, why the Injunction
awarded on the said Sth day of JUNE.
le95 should not be made permanent
against them, and why they and each OF
them should not be fined and attached
Ior contempt in interfering with the pro-
lerty IN the hands of the receiver of this
court, ana upon further consideration OF
the answer In writing made by the said
May T. Parker and H. X Adams. by
counsel, filed on the said 10th day OF
June, 1879, and of the oral statement made
IN open court by said II. k Adams. in
winch he purged himself of contempt in
interfering with the receiver Of this court
ana expressed q Willingness i'm the future
10 obey the order of the court In reference
70 the property under control of the court
herein and not TO interrupt the receiver
OF this court in any way, /. - ordered
that said rule for contempt be. and the
same is. hereby discharged: and upon
motion Of the complainant, by counsel, It
Is ordered that the said temporary in
Ih1iAlDii ne uiSfOHllnutu WITHOUT pItJu-
dice to the said complainant or the re-
Ce.Ver Of this court i'm this cause 10 take
such steps as they or either may be adj
vised are necessary hereafter should any
occasion arise therefor
EDMUND WADDILL, Jr.,
June 20. 1899. United States Judge.
THE FEDERAL COURTS VIEW.
The text of Judge Waddil's opinion is
as follows:
The facts in this case are substantially
az follows: on the 26th Of November.
1898, Susie Jacques. the complainant a
citizen of Chicago. instituted her suit In
equity in this court against the defend
ant. II. y. ID. Parker. and others. the OBJ
ject Of the suit being TO subject the pro-
perty Of the said II. y. -. Parker TO the
payment Of the liens thereon. On said
18th day Of November. 1898. the defendant
Parker and sundry others Of the defend
ants, appeared and answered complain
ants bill, and & receiver was appointed
to take charge OF the real and persona
property Of the defendant. Parker and
gave bond as such and took possession
Of the same.
on the Slst day Of December, 1898. the
plaintii1 filed an amended bill, making
certain other persons parties 10 the cause,
who appeared and filed their answer. ana
the cause was thereupon referred to a.
y. Dickinson as "A special master 10 take
an account of all the liens on the real
and personal property or the SAD II. y.
-. BAfktT lntu III liic iihiiN' ~ 'i'N
ceiVer of this court.
on the nth day Of January, 1899 the
receiver filed his report showing that ne
had taken possession or the properly, anu
on the same day Special Master a.. u.
Dickinson filed his report OF the llens
upOn the property with their respective
dienities and prioritles 100 ~,
ON the 9Th dav Of February. 1899, May
T. Parker. the defendant IN the lnJuhc-
ton and contempt proceedings now un-
der consideration. and plainun In the sun
i'm equity I'm the Circuit Court OF CumDer
land county, hereinafter specially referred
to- appeared and was admitted as pa
defendant. and filed her petition. 10 WHICH
petition the defendant II. y. d. Parker
dled his demurrer and answer. aVeIflhs
that the suit in the Circuit Court OF cum
berland. referred to in said petluoh, Wa
a suit for divorce, and denying lhe va
rlous allegations OF the petition; partlcu-
Iarly the charge Of collision In TINS SUI.
on the Sd day Of March. 1893. said May
y Parker moved the court 10 be allowed
20 file sundry exceptions , 10 ene i'P0'' -
Special-Aiaster 4. y. Dickinson 1870.
on the oath Of March, 1899, this court
lecreed as follows. .s.. b.
.This day this cause came on agdlh ~
no heard upon the papers formerly read
IA Tho court having maturely consid-
cred the petition of May L. Parker Heu
I'm This cause with the answer thertIo
and the exceptions taken by her 10 tng
report Of the master III thls aus " r"I
~
cord in the case Of May I. Parker AGAINST
H. y. ID. Parker. pending IN the Circult
Fourt OF Cumberland county ana Delhs
of the opinion that the peluenCE 81 o., .ii I
suit does not prevent the prosecution ny
he nlaintiff Of this cause IN TINS court
doth so decide, and without pass
ing upon any question arising oH
Ia netition and upon the SAID report,
- fhs exceptions taken thereto and fled 4
herein by said May T. Parker Dut re
.erying the same for future adJuClcau9h'
10th further ad1udge. order ana 9ecIsc
hat the said report OF \. Il. DlChlhsoii'
Daster. be recOmmitted 20 nm, WIN per
nission TO the said May T Parker pc
ore said commissioner and before lhls
curt. 10 contest any OF the dep's inem-
-,oned by said commissioner OF SCI up
"A he headings Of this cause. ana MAKE
INV other defence that she may be dd-
,ised TO and sixty days from TINS oaiS
d. flowed her within which 10 make SAID
defence" ,,..a.,a - ci,e
o,eonable notice of the time and place
+ rereiviug testimony, &c. and 10 make
renort TO the court of his action there
inder. I'LL. ,.eoro ,ho
The case proceeded regularly before the
commissioner, the complainant ana
her creditors of the defendant, IL. \.
Parker. appeared ana proved ln1I
lebts and no steps Were 'ahrH ~ ~ ~
defendant. May 7. Parker Iurther IMAM
-, ask for delay from time 70 tline'
"Sr, Nc motion of May r. Parker. by
.ounsel the time within which Special
,,mmissioner \. Il. Dickinson shal pe
.euired TO complete his examination INTO
.,cnntions taken by her TO his report,
low recommitted, and nearing OF eVl-
ionce I'm her behalf. Is extended twenty
lays. which is ordered TO be cer,lheu Dy
he clerk to said commissioner"
While this case was thus pending be
ore the master. and with the record OF
vents as above enumerated, the ssilu
May +. Parker procured from my VI
nil Court of Cumberland county, IN the
ben nending divorce suit instituted by
.cr q decree in substance declaring that
his s1it was a cOlusive one, and calling |
bn aftention Of the Judge OF THIS court |
- the fact that that court, and not TINS
me was the proper forum III when the
litigation should proceed. ana sald court,
~ said decree. appointed receiver " |
el,e charge Of certain OF the personal |
,ronertv placed in the hands OF the re- |
.si,ter Of this court as aforesaid in NO
.ember. lSYS - ,
,rhe Injunction and contempt proceed |
90 now specially under consideration |
.rovs ont of the effort Of the Sherin or |
cumberland county 10 enforce the SAID |
,,nran nv seizing and selling the pro- |
,ertv under the control of this court in |
Ga cause The above recital of facts !
,a,,e heen made with the view of an in |
.aiiigent understanding OF the circum- |
,tances under which this court acted, ana /
~ The end that II the supposed cOhllct |
10 Circuit Court of Cumberland county |
,houid arise, this court will not be re- |
,nonsjble for bringing it about.
Tho time of the entry OF the decree |
tbo 9lth of March, 1899, If this court ]
,ould have seen its way clear TO turn