The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-07-15
SIDE
HAS INNING
TANA ROW.
FiNlEN LOSES A FAT JOB
Referee Firth Revokes His Order Ap-
pointing Receiver for Alleged
Bankrupt Company.

Failure on the part Of the petition
ing creditors to comply with the pro-
visions of the bankruptcy law has re-
suited in an order by H. A. Firth,
referee in bankruptcy, revoking and
vacating his recent order appointing a
receiver for the NEUTRALITY-SUSPICIOUS.
Cold Mining company, the Park county
concern which is having a genuine
taste of the things strenuous. The
order Of revocation and annulment
was issued last Wednesday and went
into immediate effect, or as soon as
service could be made.
First Order Made.
July 6, A. J. Campbell of Butte
and several others appeared before
Mr.. Firth and upon their representa-
tions declaring that the Kimberly
Montana company was insolvent and
indebted to the aggregate extent OF
$4,000 to Campbell, the Big Black
foot Milling company, the Anaconda
Copper Mining company and Leo Har-
/ old Moss, an eastern man, the referee.
in the absence of the judge, made an
order appointing ]. T. Finlen of Butte
receiver of the company A bond OF
| $10 900 was exacted from the receiver.
Conditional upon its filing an order
| was made directing the manager OF
! the alleged bankrupt company to turn
\ its property, real and personal, over
Into the custody of the receiver. The
| bond was given and Finlen took pos
/ session.
Company Has Its Inning.
Now comes the company and tells
a different story. By T. ]. Walsh, its
I attorney, it denies that it is bank
rupt. Last Wednesday Mr.. Walsh ap-
peared before the referee and filed
motion to vacate the order pre-
viously made. -FOUR grounds were al
legged.
The first was that the referee had
no jurisdiction to make the appoint.
ment of receiver; the second that
no notice of an application to appoint
the receiver had been given to the
company, nor had it been heard or
given an opportunity to be heard on
the application. The third ground
alleged that the petition and proof
receiver was made was wholly in
. sufficient to warrant the making o1
the order, and that the petition die
not state sufficient facts to constitute
cause of appointment of receiver
The fourth and last ground, and the
one on which the motion was granted
recited that no bond had been givel
by the petitioning creditors, as re
quired by the provision of subdivision
E of paragraph 5, section 3 of thu
bankruptcy law. This portion of tn
law quoted provides that petitioner
in involuntary bankruptcy proceed
ings are required to give a good an
sufficient bond conditioned for tn
payment, in case the petition is dis
!, missed, to the respondent, his or he
, personal representative, all costs, e2
penses and damages occasioned b
. the seizure of the estate of the a.
. legged bankrupt
( Finlen Is Out.
, AS already stated, Mr.. Firth granite
the motion of the attorney, but befor
= doing so called by telephone the cler
a of the federal district court at He
+ ena and asked him whether Campbe
: and the others had filed a bond prio
U to the reference of the case to hin
' Answer was received that they ha
y neglected to go through that forma
i ity. This information caused tn
d speedy issuing of the order requirin
i. the receiver to at once surrender h
!, possession of the property of the mil
o. ing company and to turn it over
. its agent. Armed with this, Mr.. Walls
- left for the west on the next train.
\ Big Fight Expected.
III Although the company gained
= victory in the earlier stages Of wh1
% promises to be long and stubbor
" contested legal battle, the ma
event is yet to come. 1t is not r
garded as likely that the parties d