Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-11-29
THE WADLEY CASE.
TWO INJuNCTIoys DISSOLVED nv
CIRCUIT COURT or APPEALS.
WADLEY MAY NOW Be PROSECUTED.
Case tn Come tp at the Next Term of
the Wythc County Court-Records
Of the Bank Are Now Available
'hi"f-JuSticc Fuller's Opinion.

'hiet-Justicc Fuller's Opinion.
The decision just handed down in the
United States Circuit Court Of Appeals in
the celebrated case Of II. q. Wadlcy
against Blount and Boynton and others
settles very interesting conflict between
the state and Federal courts
Tho Important feature OF the case is
that the injunction restraining tho COun-
~ Court of Wytho from using the bank
books. which are alleged 10 show TO what
extent Wadley is q defaulter, If he is a
defaulter at all. has been dissolved, and
there is nothing now To- hinder the prose-
cution of Wadley In tho State courts.
The case will be proceeded with at the
next term Of Wythe County Court If the
Commonwealth Attorney Is prepared.
STATEMENT or THE CASE.
Chief-Justice Fuller, who wrote the
opinion, which was concurred i'm by the
other judges Of the United States Circuit
Court OF Appeals. gives the following
statement OF tho case:
on June 20, 1891. Wadley filed a bill for
United States for the Western District
OF Virginia against ". NJ BlOunt and
william BOyntOn, partners under the firm
name OF Blount x Boynton, and many
others, creditors of the Wytheville lnsu-
rance and Banking Company. the Com
monwealthS Attorney OF Mythe county
Va. the Clerk of the Circuit Court, and
others, stating that October >. 1898. one
hutchinson. as administrator, brought "a
general creditors bin in behalf of himself
..NN IA H
might come into the suit against the
WylheVillc Insurance and Banking Com
pany, of which complainant was prcsl-
dent, praying for "a receiver ana an ace
counung' that Blount d BoyntOn and the
Otncr creditors were subsequently made
parties complainant, that receiver was
appointed, and the cause referred TO a
master commissioner 90 report on che
assets OF the company. It's debts. liabili-
ties &c. that the master commissioner
took possession of the books. papers, cor
rcSpondencc. ana records of the com
pauy. including the private papers of
Wadley. as president thereof. and I'm re-
latiOn of the management OF tine duair'
of said company 10y Wadley. as its presi-
dent and director, and that Wadlcy $
deposition was taken before said master
The bin further AYERS that thereafter
am indictment was found 10y the grand
jury of the County Court OF Wythe coun-
ty, Va. against Wadiey for tmbcZHle-
ment OF the assets of the company; that
I'm the prosecution of said indictment q
subpoena ouCcs teCum had been ordered
boy The state Court 10 be served on the
master and receiver for the production OF
the books. papers records. and CORES
/ pondence 90 be Hscd I'm the criminal pros
ccutlon. that The criminal prosecution
was being awaited by the creditors ms
auxiliary 90 the suit in equity, and not
In good faith; ana the bill made many
+ other allegations not necessary To- De re-
/ peated here
. a FURTHER DECREE.
, An injunction was granted in accord
d ancc with the prayer OF the bill on June
( s. 1894. at Abingdon, and motion To dis
solve subsequently, came on there 10 be
7 heard. which was overrulcd by the court
! January n. 1885, and il was further de-
creed:
THAT the bin Of the plaintiff be sus-
! tanned. and that the injunction hereto
I fore granted shall continue in force, anc
/ the court. being 0f the opinion that the
/ equity jurisdiction of this court first at
tached TO both the parties, and the sub
Ject matter involved in this litigation, and
that it would De unjust, improper anc
Illegal % allow the use OF any OF the pro-
ceedings. proofs. ana papers hled therein
or ~ any OF The records exhibited there
with. or any of them. or copies OF any OF
them. iu any proceedings civil or criml-
nal. in any other court. against any other
party to this suit. while IL Is pending in
and Is unadludicatcd by, this court 10 IS
0diulecd. ordered. and decreed that an
Injunction do issue further restraining any
such use. and enjoining all the parties
hereto. including their attorneys. clerks
and agents. either directly or indirectly,
and the Attorney for the Commonwealth
of Virginia for Wythe county. from all
now pending I'm the County Court OF
Wythe county. Va, I'm the name of the
Commonwealth of Virginia vs. IT, O.
Wadley. in which he lis charged with the
81 Afrf N...
Willie Insurance and Banking Company
until the final hearing shall have been
had. and The final disposition made of the
said cause of Paul Hutchinson. admis-
traitor, etc. vs. the Wytheyille Insurance
and Banking company, ct at, and OF the
petitions and of the supplemental,
amended. and cross-bill filed therein. and
until the further order of this court"
ALLEGED CONTEMPT OF COURT.
on August 6, 1885, a further injunction
was granted and rules entered on the
Commemorative Attorney of Wythe
county and others 10 show cause why
they should not be punished for con-
tempt in violating the injunction pre-
Viously granted.
Tune ~. 1899 the case came on before
District-Iudge Paul. holding the Circuit
Court al Abingdon, on motion 10 dis
charge the rules and dissolve the iniunc-
tons and an order was entered dis
charging the rules and also dissolving
n was also ordered that IL appearing
that the master commissioner. TO whom
the matter had been referred, had re-
signed his office. the account which had
been ordered and directed to be taken by
that commissioner was referred u an
other one H. PeytOn Gray.
From this decree of June 18th an ap-
peal was prayed and allowed 70 ms
court. but IL was expressly provided in
the order of allowance that the appeal
was mot 10 operate as a supersededs' ,
ON August 9TH so much of the decree Of
June nth as referred the cause TO II;
PcytOn Cray 10 take the account and
make the report was revoked ana set
aside. and one William -. Coleman was
appointed 10 do SO. August nth super
stdeas was granted by the Court
os Appeals and sixty days allowed in
which 90 file a transcript Of the record
i'm the cause in the Clerks office Of this
court The record was filed october .,
1888.
OPINION OF THE COURT