The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-01-05
SUIT IS FILED ii
|. TO SHOW COURT'A
DECREE IS WRONG
Virginia Roxbury, Of Alex
andria, Alleges Payments
Were Made to Receiver.
WASHINGTON TIMES BUREAU,
ALEXANDRIA VA IAN

AbEAANDhlA. VA, JAN. D.
Alleging that certain payments were
made to the receiver and the attorneys
IN the case OF F. F. Marbury and others
against the Mercantile Railway Build
ing and Loan Association. by reason Of
decree Issued In circuit court. July
d. 1911. Virginia Roxbury, a sharehoId-
er to the extent of $3.50 in the defunct
concern. through her attorneys. James
Il. and Harry b. Cation, today in circuit
court asks that the decree in question
De set aside and anulIed.
The petition sets forth that the decree
provided for the equal distribution OF
~ per cent of the amount collected
by the receiver. Douglass Stuart, be-
tween himself, and Gardner L. Boothe
ana ). X. M. Norton, attorneys for the
DEFENDANT company. which was to be
full payment for their services to July
Is, 1911. This Is held to be erroneous
on the grounds that up to the time the
decree was entered, the report OF the
smonns cn,iscted showing sd the total
and that petitioner was unable to as
certain what these fees amounted to.
1t Is fuyther held that Norton is not
entitled u be decreed a fee out OF the
fund collected by the receiver for the
benefit of creditors and stockholders,
and that he is counsel for the corpora
ton as result of their own choice,
and as such Is not entitled to be paid
out of the assets in the hands of the
receiver, "a fund in which he has In
no way helped to create or preserve"
The petitioner asserts that there has
been no decree Issued, authorizing Nor
ton to appear as counsel for the corpo-
ration.
AS a reason for the filing Of the
seriously fears that unless the. funds
are safeguarded she will receive no
proportion of the amount paid In"
She also asks to be allowed to nle
papers making her party-plaintin to
the suit.
Relating a tale of misplaced conf
dence, when she intrusted $40 bill to
| Wallace Cockrell, a young white man,
| with which he was to pay her months
! rent, Mrs. Beulah williams appeared
against him In police court this morn
ing. The matter occurred about six
| liams' story. Cockrell had been out of
| work and she had frequently given him
| food After giving him the SO he dis
e evlsted by a her landlord. Cockrell ac-
| knowledged the charge, and, although
the woman was willing to drop the
| prosecution II he would repay her, a
| sentence Of thirty days in jail for petit
larceny was imposed on him.
Hearing on the damage suit Of r. c.
L. Moncure against Joshua L. Onutt, 10
recover damages in the sum of $1,000,
for an assault alleged to have been
| made upon him outside of the court
house at Rockville, Nd, last spring. at
| the conclusion of a trial in which both
| were interested, is in progress today.
! before Judge Edmund Vaddill, In the
! United States Court
Through a decree entered In circuit
court today the injunction in the case of
Birrell against Burnett. was made per-
! manent.
! Funeral services for Henry A. Bontz,
a well-knpwn Fairfax county resident,
| were held from the residence of his
| daughter, Mrs. A. r. Brown, I706 Duke
+, street. at 2 o'clock this afternoon. The
| Rev. Hugh Wallis, of Theological Sem
| mary. officiated, and burial was made
in the Methodist Protestant Cemetery.
A meeting of the joint committee on
| general laws and finance of the city
| council was held in the office of Cor
poration Attorney Samuel p. Ffeher,
for the purpose of arranging for legal
counsel to assist him in the annexation
fight. Although members IF the COM
mittee refused to discuss the matter,
Mr. Fisher said he had been authorized
| to employ such counsel as ne may re-
Quire.