In re Rogers

• Decision Date: 01 July 1902
• Citation: 116 F. 435
• Parties: In re ROGERS.
• Court: U.S. District Court — Southern District of Georgia

116 F. 435

In re ROGERS.

United States District Court, S.D. Georgia, Western Division.

July 1, 1902

W. W Lambdin, for petitioning creditors.

SPEER District Judge.

In this case insolvency proceedings were instituted in the honorable superior court of Pike county, Ga., and a receiver was appointed by that court. Proceedings in bankruptcy were instituted here, and, upon application in behalf of the petitioning creditors, the parties in the state court were here enjoined pursuant to the provisions of the bankrupt act. Thereafter counsel for the petitioning creditors and for the bankrupt applied to this court for an order modifying the injunction obtained here so that the attorney for the plaintiff and the receiver in the state court might apply to that court to have their fees and expenses fixed by that court. It was conceded by the petitioning creditors that the attorneys for the plaintiff in the state court had the right so to apply. In that stage of the case this court declined to pass any order to modify the injunction in any respect. This was upon the ground that it was not necessary to do so. This was apparent because the only parties or counsel who could complain of a violation of the injunction had estopped themselves by admissions in judicio that the plaintiffs in the state court had the right to apply for fees. This court further held that, if it should decide it ought to modify the injunction so as to allow counsel to go before the state court and claim that fees should be fixed by that court, it might in certain cases have very far-reaching and serious consequences,-- especially in cases where this court was of the opinion that the proceedings in the state court were coram non judice because they had been suspended by the operation of the bankrupt law. In that condition of the record, application was made to the superior court of Pike county to dissolve the temporary injunction which had been granted there, and also to set aside the appointment of the receiver. It seems from the following order that the question of fees, also, became involved. The court held (the Honorable E. J. Reagan, Judge, presiding) as follows:

'Upon hearing the within application, the court declines to pass upon the question of dissolving the temporary injunction and receivership in this case on the ground that an order has heretofore been granted by the court suspending the proceedings in this case on account of the adjudication in bankruptcy of the defendant, J. J. Rogers. It is further ordered and adjudged that upon payment of the expenses amounting to $32, incurred by the receiver, and upon the payment of $500 to the receiver, Edward A. Stephens, as his compensation, and upon the further payment of the further sum of $500 to Dodd, Newman & Dodd, attorneys, as their compensation,-- said amounts having been adjudged by this court to be due the said receiver for services rendered herein, and adjudged to be due said Dodd, Newman & Dodd for services in filing the original petition and the petition for the appointment of a receiver in said case,-- the receiver is directed to turn over and deliver to the trustee in bankruptcy, J. W. Hanson, the assets, choses in action, and effects of J. J. Rogers, bankrupt.'

In view of this order, application is now made to this court, setting forth the fact that the temporary receiver appointed...