Ingersoll v. Coram

• Citation: 132 F. 168
• Decision Date: 15 August 1904
• Docket Number: 1,757.
• Parties: INGERSOLL v. CORAM et al.
• Court: United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts

132 F. 168

INGERSOLL v. CORAM et al.

No. 1,757.

United States Circuit Court, D. Massachusetts.

August 15, 1904

Hollis R. Bailey, Edgar N. Harwood, and John H. Hazelton, for complainant.

Lewis S. Dabney and Horace G. Allen, for Leyson, administrator.

Horace G. Allen, for Davis, trustee.

Frederick N. Wier, for Coram, Root, and Cummings, executor and Palmer trustee.

Thaddeus D. Kenneson, for H. A. Root.

PUTNAM Circuit Judge.

The matter now particularly before us is a motion for an interlocutory injunction. The general history of this case is sufficiently shown by the opinion disposing of the demurrers passed down on December 30, 1903, and reported in 127 F. 418. Soon after the filing of the bill, a restraining order was entered, directed to all the respondents, including John H Leyson, administrator of the estate of Andrew J. Davis within the state of Massachusetts. The restraining order is shown by the petition therefor and the docket entries in reference thereto. The petition was as follows:

'Comes now the complaint in the above-entitled cause, by her undersigned counsel, and upon her verified bill of complaint heretofore filed in this court and cause, and exhibits thereto attached, moves the court to grant and issue a temporary restraining order, addressed to said defendant, John H.

Leyson, as administrator of the estate in Massachusetts of Andrew J. Davis, deceased, restraining him, his agents, servants, and attorneys, until the further order of this court, from removing out of the commonwealth of Massachusetts, or distributing or delivering to said defendants, Joseph A. Coram, Henry A. Root, Charles H. Palmer, or Andrew J. Davis, Jr., trustees, or either of them, or their or either of their agents, attorneys, representatives, or assigns, or otherwise disposing of those certain four hundred fifteen and a half eleven hundredths (415 1/2-1100), part and parcel of those certain funds and effects in the custody of said John H. Leyson as administrator of the estate in Massachusetts of Andrew J. Davis, deceased, situate in the commonwealth of Massachusetts, more particularly described as follows: Three hundred thirty seven thousand eight hundred and sixty-two dollars of current money of the United States of America, and 170 bonds issued by the Butte & Boston Consolidated Mining Company, a corporation organized under the laws of the state of New York, for one thousand dollars ($1,000) each, principal numbered consecutively from 1,310 to 1,479, inclusive, dated May 3, 1897; upon which complainant, Eva A. Ingersoll, as administratrix of the estate of Robert G. Ingersoll, deceased, alleges in her bill of complaint a lien exists in force and effect in favor of the estate and legal representatives of said Robert G. Ingersoll, deceased.'

The docket entries were made under date of June 13, 1903, as follows:

'Ordered: Restraining order issue as prayed for, subject to be dissolved on motion and hearing. It is further ordered that the restraining order be dissolved on the respondents, or any of them, filing or depositing security by bond or otherwise for not less than two hundred thousand dollars, running to or for the benefit of the complainant, securing her claim as alleged in the bill; the same to be with such sureties, or secured by deposit in such manner, as approved by either of the Circuit Judges, or by the District Judge for the District of Massachusetts, or by any District Judge assigned to that district for the present term of the Circuit Court.

'It is further ordered that any person named in the prayer for subpoena will be heard on the motion for interlocutory injunction, and on any motion to dissolve the restraining order.'

Afterwards there was a hearing on demurrers interposed by the various respondents, the result of which was the opinion passed down on December 30, 1903, as already stated, and a preliminary order, as follows:

'It is ordered that, after the bill has been perfected as to parties, in the manner in which it should be perfected as set out in the opinion passed down this day, there will be an order for an interlocutory decree, holding that the demurrers are good and sufficient so far as they relate to all portions of the bill claiming a statutory lien, and to those portions making Sarah Maria Cummings, Elizabeth S. Ladd, and Mary Louise Dunbar, respondents; that so much of the bill as seeks to establish a statutory lien be dismissed; that Sarah Maria Cummings, Elizabeth S. Ladd, and Mary Louise Dunbar shall be dismissed as parties respondent; also adjudging that the said demurrers are insufficient in law as to all other portions of the bill and other parties made respondents therein, and that such other respondents may answer within such time as shall be fixed by the court.'

Subsequently the death of Elizabeth S. Ladd was suggested, and by leave of court Charles H. Ladd, individually and as administrator of the goods and estate of Elizabeth S. Ladd, was made a defendant, and duly appeared. Thereupon, on January 14, 1904, an interlocutory decree was entered, as follows:

'In accordance with the opinion passed down December 30, 1903, it now appearing that the bill has been perfected as to parties, and that all the parties respondent have appeared, as therein required, the demurrers are adjudged good and sufficient so far as they relate to all portions of the bill claiming a statutory lien, and to all those portions making Charles H. Ladd, Charles H. Ladd, administrator of the estate of Elizabeth S. Ladd, Mary Louise Dunbar, and Herbert B. Cummings, executor of the will of Sarah Maria Cummings, respondents and the bill will be dismissed as against said Charles H. Ladd, Charles H. Ladd, administrator, Mary Louise Dunbar, and Herbert B. Cummings, executor.

'It is further adjudged and ordered that said demurrers are insufficient in law as to all other portions of the bill, and as to all other parties made respondent thereto, and that as to such portions and parties the bill is sufficient in law, and that such other parties may answer, but not plead, on or before the 4th day of April next; and all questions of costs are reserved.'

On the same day that the restraining order was entered a motion for a temporary injunction was filed by the complainant, but to and including the time of entering the interlocutory decree in regard to the demurrers no action had been in reference thereto. Thereupon, on an oral application by the respondents in reference to the restraining order, the court entered on the same January 14th the following:

'Ordered: The restraining order granted on June 19, 1903, will be dissolved unless the complainant, on or before the 26th instant, file a motion for an interlocutory injunction relating to the subject-matter of the restraining order.

'It is further ordered, however, to avoid any misunderstanding, that, notwithstanding anything in this order, the restraining order will not be dissolved until further direction of court to that effect.'

Consequently, on January 25, 1904, the complainant filed the following motion for an interlocutory injunction:

'Comes now Eva A. Ingersoll, complainant in the above-entitled action, by her undersigned solicitors and counsel, and, upon her verified bill of complaint filed in said cause, and such further showing as may be made in support of this motion pursuant to the order of this court in the premises, moves the court to grant and issue an interlocutory injunction order, and writ in accordance with the prayer of complainant's bill, enjoining and restraining the defendant John H. Leyson, as administrator of the estate of Andrew J. Davis, deceased, his agents, attorneys, and representatives, from removing out of the commonwealth of Massachusetts, or distributing or delivering to defendants Joseph A. Coram, Henry A. Root, or Charles H. Palmer, and Andrew J. Davis, Jr., trustees, or either of them, or their or either of their agents, attorneys, representatives, or assignees, or otherwise disposing of those certain four hundred fifteen and a half eleven hundredths (415 1/2-1100) parts and parcels of all those certain funds and effects in the custody of said John H. Leyson as administrator of the estate of Andrew J. Davis, deceased, situate in the commonwealth of Massachusetts, more particularly described as follows, to wit, the sum of three hundred thirty-seven thousand eight hundred and sixty-two dollars, lawful current money of the United States and one hundred and seventy bonds issued by the Butte & Boston Consolidated Mining Company, a corporation organized under the laws of the state of New York, for the principal sum of one thousand dollars each, dated May 3, 1897, and numbered consecutively from 1,310 to 1,479, inclusive, and enjoining and restraining said defendants Joseph A. Coram, Henry A. Root, and said Charles H. Palmer, and Andrew J. Davis, Jr., co-trustees, and each of them, and their and each of their agents, attorneys, representatives, and assigns, from receiving, transferring, assigning, taking, carrying away, or in any manner disposing of or interfering with said four...