The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-04-28
REPORT SET ASIDE AND
FOR NOTHING Held
LITTLETON WINS INNING
IN NOTED LITIGATION.
Dick Taylor Disqualified and
a Special Master Appointed
TO Make a Report.


Ifttieton had his inning in the cele-
brated litigation involving the receiv-
| ership Of the Bank of Winchester be-
fore Chancellor Stewart here Satur-
day, and as a result the report made
by Dick Taylor. clerk and master,
which undertook to hold Mayor Lit
tleton liable for $4,000 and interest,
was set aside and for nothing held
and the matter was taken out of Dick
Taylors hands and a new special
master, Irwin w. Smith, of McMinn-
ville, appointed to make a report,
The petition asking that the report
be set aside was voluminous docu-
ment, attached to which were the afii-
davits of the two bookkeepers of the
receiver, anayzing every item In the
masters report and explaining them;
also Photographic illustrations of the
errors OF the clerk and masters report
showing where he had misread name
after name on the books of the bank.
For instance, he had charged the re-
ceiver with large sum under the head
Moore Pres" A photograph of this
entry showed very plainly that the en-
try was "Univ. Press" University
Press). Several of the names read
wrong were ludcrous. Gather" was
called Father" limbaugh was called
Limbough, but the most serious item
was r. Durham" item called Dur
ham," involving $4,000 and half as much
interest. Sums of money we're charged
against the receiver and each of the
misread names above. These were just
a few OF the things complained OF in
the petition, which was prepared by
Carlyle Llttleton, and was most COM
plete. dealing with every item running
from 81 to $4,000.
Mr. Lttleton's council was prepared
to argue the case in detail but this was
prevented when Green, Templeton &
Agee. opposing council, in open court
agreed to allow Taylor's report set
aside and a new master appointed to
make a new report.
a copy of the petition OF the receiver
had been furnished them some days
ago. The court ordered the report set
aside and for nothing held. Carlyle
Littleton presented the motion to dis
qualify the clerk and master to further
act in the case, the motion being sup
ported by an affidavit answering that
the clerk and master had married
sister of J. j. Templeton, who had
so per cent. contract in this case; that
the clerk and master was surety on
Templeton's note for 81. 500. and that
another relative of the clerk and master
was one of the complainants in the
case. Judge Stewart took the motion
disqualified the clerk and master and
granted the motion. Mr.. Littleton
asked the court to appoint any lawyer.
clerk and master or citizen in e1thet OF
the fourteen counties of this chancery
division. and the judge named Irwin
W. Smith. an attorney of McMinnville,
and directed the clerk and master to
turn over all records and papers to
Mr.. Smith. Judge J. J. Lynch. Judge
Floyd Estill, Col. Arthur Crownover !
and Carlye $; Littleton appeared for
the mayor. Col. Crownover and Carlyle
Littleton arguing motions and present.
ing the petitions. T. n. Greer. J. B.
Templeton and V. G. Agee appeared on
the opposite side.
Mr.. Littleton who. when interviewed
Monday. said there was little to say
about the case, that he had always
that the matter would come
out all right after fair investigat ton,
and that he had never believed a judg- |
ment would be rendered against him. !
because he had the consciousness of /
having done his duty III the premises. |
Mr.. Littleton said:
THE records show that I received IN I
assets $479. 900 and that / accounted for |
Sfs7, 900. the difference being in inter- 4
est collected. ] have never had the !
slightest doubt about the result but |
publication. in advance Of the chancel- /
lors final action. has, of course. been /
The motion to disquslify
the clerk and master was not made
to reflect on him. He had never before
made a report of this kind having
only recently been appointed clerk and
master: but his relationship to the most
interested parties in the matter and
the fact that the report which he made
and which has just been set aside. was
so full of giaring and ridiculous errors.
made Inc prefer another per
son. | did not ask for any specific
person but Cor anV LAWYER laVnan or 1
clerk in the fourteen counties. who
was not adversely interested. Chan
rellor Stewart named Irwin w Smith.
| LAWYER OF McNfiuuyiiie" +"