OCR Text |
Show The S;umpa?e Case. Tho case of D. H. Wells r. Oliver A. Patton ct al. came up for hearing belore Chief Justice Schaeffer yesterday yester-day morning, on the rule to show cause why Patton should not be punished for contempt in disregarding disregard-ing the order of court enjoining him from selling the lumber in controversy. contro-versy. Judge Morgan, attorney for the defendant, read the answer to the rule. The position takeu was that Patton aud the timber agent. Green-way, Green-way, were government officers, and acting in that capacity in the discharge dis-charge of their dutjy that tho court has no jurisdiction over them; that tho writ of replevin was issued under a territorial statute, an 1 that a state or territorial court has no power to interfere with the action of federal officers. Tho answer sets up that Patton ond Greemvay were acting as agents ol the United States in the ssizure of timber cut from the land of the United States, and in selling said property they acted in accordance with tho ad vice of their counsel. Jude Gee, for Mr. Wel-aKed for time for consultation nd to prepare affidavits, which was granted, the further hearing bcin? postponed till 10 o'clock this mopilng. In the replevipuit out of which the contempt ca3o I's grown, the plaintiff, M- Wells, alleges that the selling o' l'ie tiuiuer .will occasion him jeaL and irreparable injury, and wjp render a judgment in his favor rnd against the defendants lueflectual, in this: That tho defendants and each of them are insolvent and could not respond to a judgment against them for damages. In the answer tho defendants deny that great and irreparable injury will be suflercd by plaintifl in consequence of the sale, but admit that thoy havo no ready money with which they couM respond to a judgment against thorn for damages. |