The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1914-01-09
CASE VILE 100 TO
A HIGHER COURT
SUPERSEDEAS WILL BE HEARD
BY THE OHIO JUDGE AT
TOLEDO TO-DAY
VICTORY FOR OWEN FACTION
In Rendering His Decision, However,
Judge killets Stated tat His Court
Would do Nothing to Take Property
From Jurisdiction of Georgia Court.

Talegraphic information was receiv-
ed III the city yeSter lay by Judge
Boiling Withheld, local counsel OF the
petitioning creditors, announcing that
Judge klliets, OF the tinted States
district court at Toledo, Ohio, lad
yesterday granted the petition of the
owens 1actlon of the VI ryan Naval
Stores company, declaring that corpor-
alton bankrupt and referring the case
10 The Toledo referee.
1t was further announced that ap-
pncation for bond had been made and
that the appncation ami supersedeas
will be heard before Judge killets to-
day. Upon this hearing depends the
future of the proceedings of the big
case.
Status of CAKE.
SO rapid have been the develop
mentS in this case that only those who
have closely followed the proceedings
know the present status OF the case
some several months aeo creditors
petitioned Judge Speer, CT the United
states court OF this dlsarict, for the
appointment OF receivers OF the cor
poration. This petition was heard ana
three receivers were named, James 5.
Brailay and Homer T. raryan, of TO.
ledo, and Il. W. Stets on, of Macon
Since that time the pla 1t mas been in
operation under the management of
the three receivers. Later a creditors
committee, representing over million
dollars OF the claims, was organized
in this city and Is otficered by local
business men. This committee has at
all times worked in co-OFe ration with
the receivers of the plant.
Fight FactionaI Ore.
1t developed later, however, that
the main fight was Toledo and
among the stockholders OF the com
pany. James $. Bradley heading one
faction and the Owens Bottling Works
the other, the fight has been waged
for several weeks, both factions fight
Ing to secure control of the plant. A
few weeks ago the Owens faction, sup
ported by one of the receivers, Mr..
Yaryan, filed a petition il. the United
States district court of n ledo, asking
that the company be declared bank
rupt. This petition was opposed by
two of the receivers and by the local
creditors committee The hearing
started in Toledo Wednesday and the
decision of Judge Killets was render
ed yesterday afternoon.
In rendering his decision, however,
declaring the corporation a bankrupt,
according to information received by
The News last night, the judge stated
that nothing would be done in his
court to take the property from the
jurisdiction of the Georgia court, un-
less first consented to ~ the Georgia
court.
In this connection 1t nay be of in
terest OF say also that 10 matter whaf
| the outcome of the he2ring may be
today on the supersedea3, the pres
ent receivers Will remain in charge
In the event it is denied then the
case will be carried to the United
States district court, an / until that
high tribunal renders decision the
affairs of the company ri! remain in
their present status. In the event the
high court confirms the decision If
the Toledo Judge, then the case will
proceed through the bankruptcy court
as all bankruptcy cases are admins
tered. II, on the other E2nd, the de-
cision is overruled, then the entire
proceedings will revert tight back to
where they were before the decision
of the Toledo court yesterday.
Another Phase of the Case.
While this proceeding Is being
fought in Toledo there is another
branch Of the case soon 10 be heard
by Judge Shepard OF he Georgia
court, that being a petition from the
receivers, at the reque5. Of the local
creditors committee fcf ar order for
the sale of the plsrt. This petition
J has not as yet been hied with Judge