The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-07-11

panies, holding that the case was
properly In the Marion county courts
and giving John @. Webb, president
and promoter of the companies, the
first foothold he has been able to Sc
cure in his effort to get into the
higher courts
Judge Bapst also ordered Newton j.
Catrow, plaintin In the suit against
the g. -. and NJ. Tor the appointment
OF receiver. and his Attorney Earl
Turner to return by July ~ the orl-
ginal papers In the case. which they
are alleged to have taken from this
court and filed In the Franklin county
common pleas court where Judge
Kinkead appointed Eli NJ West and
GeGorge Whysall, co-receivers, and
then subsequently dismissed whysan.
The Courts Decision.
The fun text OF the courts decision
is as follows
July II. 1911.
Catrow VS.. The c. ID. and M. Ry
Co
Heard on motion to appoint re-
ceiver and the evidence. Motion sus-
tained. George Whysall, Esquire, Is
hereby appointed receiver of The Co
lumbus, Delaware and Marion Rail-
way company. The Columbus, Della
ware and Marion Electric Railway
company, The Marion Railway Light
and Power company, and The Colum-
bus Northern Rah~ay power and
Equipment company, as successor to
George Whysal heretofore appointed
as such receiver. and by this court
upon its own motion discharged as
such receiver. The receiver is re-
quired To give bond In pursuance
to law and conditions in accordance to
the statutes in the sum of 90.
Sureties to be approved by the Clerk
OF this court and otherwise qualified.
pom the giving OF such bond said
receiver Is ordered and directed to-
take possession of and receive all and
singular property, assets and efforts
of the said defendants, The .Colum-
bus. Delaware and Marion Railway
compa NY The Columbus, Delaware
nd Marion Electric Railroad com
pany The Marion Railway, Light and
Power company. and The Columbus
Northern Railway Power and Equip
ment Company. wheresoever the same
care, keep and preserve the same dur
ing the pendncy of this action, and
TO keep the same as a going concern.
And all persons, including officers
and agents, having ny of the prop
erty Inssets, morIes. securities, or
other personal effects of either and all
Of said several companies In their pos
session or under their control are
hereby ordered and directed to forth
with deliver the same to said receiv-
er. The said receiver is hereby fur
ther vested with all and singular the
powers duties and authority not here
In especially enumerated that are us
ually vested I'm a receiver appointed
for like purposes In accordance with
the usage and practice i'm equity. II
is further ordered that said receiver
proceed and cause an inventory and
appra isement to he mutle of isaid
premises and return the same into
this court.
Newton j. Catrow and Earl Turner
are ordered to return TO this court the
original petition and original an
swer of defendant on or before july
29th, 1911, at o'clock n. m, and fail
ing, on that day to show cause why
they did not perform this order. The
Clerk of Courts il ordered to notify
them in writing of this order
James II. Rymon, Esquire, is APP
pointed Master Commissioners, order
ed to fix a time and place and give
the notices thereof at which to hear
evidence as to claims against said
n nH
same and report his doings and find
ings to this court In writing
The Mercantile Trust Company of
New York City is made party de-
fendant with leave to plead on or
before July 29th, 1911.
This cause is assigned for hearing
on its merits ON July 29th, 1911, at .
o'clock a. m.
A legal tangle of several years will
doubtless result from the decision. II
is not expected that Eli NJ. West will
relinquish his hold upon the road and
therefore the new receiver George
Whysall. must carry the case to the
higher courts and II Judge Babst is
there sustained control of the property
will be taken from the Columbus re-
ceiver.
Those who have followed the case
are familiar with its many sides.
When the receivershlp suit was first
brought Newton J, Catrow, he with |
his attorney, Earl Turner, of Dayton,
came here and Judge Young was
called to the court house about II p |
m. The court looked over the papers |
which the clerk had handed to him. |
Catrow desired tthe appointment of
ELI M. West with George Whysall as
receiver. Judge Young stated that he
thought one receiver enough for the
property and that Mr.. Whysall, a |
practical man, familiar with the
was the logical man. The
court then handed the papers to the |
clerk and stated that he would fur
thsr consider the case at a. m, the
next day.
Aftstr the court left. IT is alleged, !