The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-26
SHERIFF ROMAN ENJoINED.
FIND OF NEIDLINGER, RABUN &
NELL STOCK HELD UP.

W 4. Hardee, Trustee Tor the Cred
ttors, Protests Against It's Distri-
hutton Among the Banks, the Sc
cured CreditOrs-Claimed That the
Preference of the Banks Is>Invalid
Under the bankruptcy Law-Judge
sneer Grants the Temporary In
acknowledgements of Central Lit
ipation Disposed Of-The DauntIess
Is Free-POweu Pleads Guilty.
county Sheriff John T. Roman. individu-
auv and in his official capacity, was en-
toned in the United States Court yester-
5av from paying to the Southern, Chat
ham and Germania banks and the Ogle-
thorpe Savings and Trust Company the
nroeeeds of the foreclosure sale of the
stock in trade of the bankrupt firm of
NeidIinger, Rabun & Nell and, with the
hanks and trust company, ordered to show
cause before Judge Speer, on June 6, why
the Injunction should not be made perma-
nent.
The plaintiff in the injunction suit is
the trustee for the creditors of the bank
rupt firm, Mr.. w. P. Hardee, who recites
in his petition that he was regularly ap-
pojnted at a meeting of the creditors, at
which majority in number and amount
of claims were present or represented.
The petition further recites that on May
a. 1898, at which time the firm of Neidlin-
GER. Rabun & Neil was inso!vent, it gave
10 the Southern Bank two notes for $4,5OO
and 500 respectively, and a mortgage
upon the entire stock of harness, leather.
saddles, trunks and harness-m makers sup
plies. contained in the building in which
the business of the firm was at that time
carried on TO secure these notes. At the
same time the firm gave a note and a
mortgage securing it, of equal dignity with
that given to the Southern Bank, to the
Chatham Bank for $3.50, to the Germania
Bank for I,10O, and to the Oglethorpe
Savings and Trust Company for $500.
The trustee charges that at The time
these notes and mortgages were given that
The firm was insolvent and the execution
of the mortgages an act of preference, de-
signed 10 hinder, delay and defraud the
other creditors. 1t is commended that under
the provisions of the act of bankruptcy
such preferences are declared Illegal, null
and of no effect and that the other and I'M
preferred creditors have the right to come
in and share in the distribution of all of
the bankrupjs' assets.
On July 3d. 1885, the mortgage held by
the Southern Bank was foreclosed, for the
benefit of itself and the other creditors
holding mortgages of like date and equal
dignity and at a subsequent time the
property covered by the mortgages was
sold by Sheriff Roman for the sum of S.
AS which is now in his hands and about
10 be distributed among the holders of the
mortgages, to the loss and damage of the
other creditors, who have proved then
claims before the referee.
An injunction is asked to restrain the
distribution until the further orders of the
court. Discovery under oath is waived as
to all the defendants, but they are requir-
cd TO make answer not under oath and to
snow cause before the court on June 6,
why the ininction should not be made per-
manent and the sheriff forever restrained
Il from paying over the money to anyone 9TH
err than The trustee The plaintiff is repre-
scented by Messrs. Charlton, Mackan &
Anderson and Messrs. Alexander & Hitch.
In the matter of the intervention oil
& the Ohio Falls Car Company in the con-
sohdated causes of the Farmers Loan and
Trust Company against the Central RAN
3 road and Banking Company. the report of
the master, Mr.. George w Owens, was
confirmed. The intervenor is given judg
ment against the Central for 81 S23. 49, but
4 il is declared that it is not entitled to any
priority in the distribution of the com
4 pany's assets.
The interventions of the Pennsylvania
Steel and Iron Company in the same case
lot A2364 and of the Westinghouse Air
Brake Company for $1319 were disposed
OF in the same way, the master making
the same report in both instances. The
TWO corporations are permitted to take
Judgment for the full amount of their
claims but have no priority over other
creditors in the distribution of the assets.
Inc cases that have been pending in the
court against the tug Dauntless were dis
missed by agreement between the district
attorney and the proctors for the libeled
nhousler Messrs. Charlton, Mackall &
ANDERSON. With the dismissal of these
n eases ends the history of the Dauntless'
store Of good and evil fortune in her at
"mpis TO supply the Cuban insurgents
WIN arms and munitions of war and closes
me far from unimportant part that she
b pdyed IN the struggle for Cuban independ-
'nee. The order of the court dismissing
'he cases, Is as follows
b 10y agreement between the parties. 1t is
ordered by the court that The above stated
case and proceedings be dismissed, each
P"iV paying its own costs, and certtt-
eaIe is hereby entered that there was
PIooable cause for the seizure of said YES
rel al the time she was seized, as averred
III Saia proceedings. And this order is in
tended as final settlement of matters be-
'"eeh said parties involved in said suit or
growing out OF the same"
The Judgment of the Circuit Court of
appeals in the cases of r. b. Hitchcock
%Hp others against the Central of Georgia
l'alWay and of Kavanaugh & Brennan
asaihst the same defendant were made
ule judgment of the Circuit Court. The
Eases We're parts of the old Central liti-
eauoh and the plaintiffs in all of them re-
eGsered Judgment against the defendant.
Ihey were appealed to the Circuit Court
~ appeals and the decision of Judge Speer
rIlIned. Kavanaugh & Brennans judg-
p{ Hi amounts to $211.4O and those of
4 la.lneoek and others, whose cases were
''"9oi!dated, to about $780,
alter some days hesitation, Frank