The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-05

to come in and make themselves part
les. all of which the record in that
case discIoscs; while this action is a
bill in equity to foreclcse a mortgage,
the trustee nor mortgage bond-holders
being parties to the other suit.
and it is brought on behalf of the
complainant and all others who may
make themselves parties.
EXCEPTION 10.
That an order to consolidate these
causes cannot legally be made without
notice and an opportunity TO be heard
of the parties to both suits.
EXCEPTION IL.
That the bill of equity filed in this
cause cannot be legally treated or con-
sidered as an intervention or cross Dill
i'm the former suit, for that 1t alleges
new matter, and is not relative TO the
issues raised in the pleadings Ill the
said suit of the Carolina Northern
Railroad Company against the SOUTH
ern Saw Mill and Lumber Company,
as will appear from the pleadingS IN
the respective suits.
EXCEPTION II.
That the Carolina Northern Rail-
road Company. the complainant in the
former suit is insolvent and the
southern Saw Mill and Lumber Com
pany the defendant i'm the former suit
is insolvent, and the defendant In TINS
suit, w. j. Edwards is the receiver
of both the plaintiff and the defend
ant corporations in said suit; and the
consolidation, if made, could not be
made upon mis- motion. without notice
to the real parties and without hear
ing.
EXCEPTION 10.
That the order as to suspending
the hearing before Cameron f. NC
Rae. special examiner. was obtained
upon the false suggestions orally made
to the court by the solicitor for the
receiver. that Cameron f. McRae was
the co-partner and associate in the
business of Iredell Meares, one of the
solicitors for the complainant; where
as, as a matter of fact, he is not, nor
has he ever been his partner, asso-
ciate or clerk.
EXCEPTION IA.
That it was immaterial as to the
said examination whether w. j. Ed
wards had been Subpoenaed as Il wit
ness to appear before the said McRae,
special examiner, on Sunday or not
as he had been previously served with
the order of Prtchard, Judge, and as
q matter of fact he was present at
Lumberton, with another of his solicit
tors, and, if objection had been made
to the service of the subpoena, he
could have been served instanta on
that day.
EXCEPTION Is.
The object of the appointment of the
special examiner as disclosed by the
order of the circuit judge, and merely
to obtain information primarily from
George Yackel the book-keeper of the
receiver, and of the receiver himself,
as to his official conduct in the adj
ministration of the trust, preparatory
to the hearing on November 3rd as to
whether the court should temporarily
remove him or not, and as said, eX-
animation could have only disclosed
that he had or had not been guilty of
misconduct, the examination would
have furnished information to the
court, upon which to act or it would
have afforded Vindication of the re-
ceivel; therefore, the court should not
have suspended the examination. and
because the special examiner had no
authority to rule upon evidence, or
pass upon the facts, and any irregu-
larities could have been corrected by
the court
EXCEPTION 16.
The order for the reasons stated
was granted contrary to law and the
rules and practice of this court, and
the complainant is entitled to have the
same vacated.
IREDELL MEARES,
II. f. LEE,
Solicitors for complainant.