Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-08-21
DISMISS CONTEMPT RULE
ACTION BY JUSTICE STAFFORD IN
STUBBLEFIELD CASE. ..
Mistake, if Any, Was Merely Techni-
cal-order for Consolidation of. --.
Two Causes. sues ..r

Justice Stafford in Equity court today
dismissed the rule issued against Lee A.
Stuoblefeld. A. r. l.. Locke Cfesd NJ Full
ton and Joseph NJ. Cox To show cause why
they should not be enioned from further
prosecuting the suit filed last ThGrsday by
Lee A. Stubbeheld, through. Attorneys
LeCkie Fulton & Cox, against Thomas
| w. Stubbleield the Stubbleheld Ranking
and Trust Company. the Fourteenth Street
! Savings Bank and Garfield a. Street for an
! accounting and receiver for the Stui,hle-
field banking concern, and why they should
not be held in contempt of court for instl-
tuting the proceedings.
Justice Stafford ordered that the suit OF
Lee A. Stubblefield against Thomas w:
Stubhleteld and others, filed Thursday. he
consolidated with the suit filed June - by
Thomas w. Stubblefield against Lee A
Subblefield and the Stubbleileld Banking
and Trust Company. Attorneys for the
plaintiff in the first suit are given the right
by Justice Stafford to treat the second suit
as cross-bill and may move To dismiss il
as not proper in connection with the first
suit
Allegations of Suit.
In the suit filed in June Thomas w
Stubbefeld alleges that his brother, Lee
A. Stubblefeld. failed TO deHvet. IoO shares
of stock in the Stubblefield Banking and
Trust Company which he had sold or
agreed to sell to Thomas w Stubbleaald
1t was stated today in court by attorneys
for Thomas w, Stubblefeid that he intend
/ ing To wind up the affairs of the company.
agreed to purchase all the stock OF the
Stubbiefield Banking and Trust Company
which he did not own. and the loo shares
owned by Lee A. Stubblefield Were the only
ones outstanding. After the money in pay
ment for the stock at an agreed price was
paid to an agent of Lee A. Stubblefield. 1t
is alleged in the first suit, Lee A. StIbble-
rnf IN Ia1t, ~, IL.
fused to take the money from the agent.
Lee A. Stubblefeld last week filed suit
against Thomas w. Stubblefield and others
In which he alleges fraud and misrepresen-
tation by his brother, Thomas w. StuiSo.e-
field in the management of the Stubbefeld
Banking and Trust Company and asks for
an accounting. In the bill filed by Lee A
Stubbieield he says that he holds $1,000
par value of stock In the Subblefield Bank
ing and Trust Company and he maintains
that he is entitled to one-tenth of the as
that his brother offered him 5000 for his
stock. declaring that if he did not take that
he would get nothing. -...-
Charge Of Contempt of Court.
After hearing in the first suit. the court
granted the prayer of the plaintiff that the
defendant be restrained and enjoned from
conveying away. encumbering. assigning
| transferring or In any manner dealing or
interfering with the 100 shares Of stock in
question.
After the filing Of the second suit. At
torney Easby-Smith. for Thomas w. Stub
blefield. filed a bill in which 1t was alleged
that by the second suit Lee \. Stubblefield
and his attorneys, Leck!e. Fulton & Cox.
were dealing or interfering with the
stock in controversy, and were therefore In
contempt of court
In answering the bill before the, eeHFt to-
day the attorneys for Lee A. Stubbleield,
Leckie. Fulton & Cox maintained that they
acted in good faith in filing the second suit.
thinking that it was the only legal way in
which to meet the first suit filed. Justice
Stafford held that If any mistake had been
made. 1t was merely a technical one of pro-
| cedure. and that he believed that the attor-
neys acted in good faith. not intending to
violate the courts Injunction =. 80
The second suit brings the fourteenth
Street Savings Bank and Garfield A. Street,
the cashier. into the controversy, they be-
ing named defendants. and an Injunction
is asked from the court in the second suit
against them and Thomas W.eStubblefieId
to prevent them. from conveying or en-
numbering certain real estate alleged to
have been purchased with funds of the
Stubblefeld Banking and Trust Company.