xt73bk16mf8w_427 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. [296] Henry Potter v. Mason and Hurst Co., Perry Court text [296] Henry Potter v. Mason and Hurst Co., Perry Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_43/Folder_7/4673.pdf section false xt73bk16mf8w_427 xt73bk16mf8w .
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 4
PERRY COURT.
HEHRY POTTER, FLAIHTLFF.
VS. ANSWER OF LEXINGTOB & EASTERN RAILWAY CO., AS GARHISHRR.
lgpnfifi s ldnfiflfl CO PANY, 890.. DEFLHBAHTJ.

Comes the Lexington & Eastern Railway Company, rummoned
herein as garnishee, by G. A. lolowell as General Heneger, and, for
answer 03 such gurnishcc, says that at the date of the service upon it
of the order of attachment herein, to-wit: on the day of
1913, it was indebted for balance on contract to the defendant, Mason
3 Burst CO., in the sum of about forty—nine hundred dollars ($4900.00),
subject, however, to correction for errors or omissions in the esti-
mates and accounts. and thlt said gerniehee is not indebted in any
other 32m whatsoever, and has in its possession no other money, property,
cheese in action or evidences of debt 0f any kind in which the said
defendant led on said date any interest whatsoeVor.

The defendant further says. uy way of answer as garnisnee,
that at the date of the service upon it of the aforesaid order of et-
tachment, and long prior thereto, thirty—nine hundred dollars
{$5900.00) of the aforesaid balance had been duly assigned and transferr-

. ed by the meson & Hurst Company to the First National Bank, of Hazard,
Ky., and this defendant had been notified of such assignment, and has
accepted same so far as it legally had the power to do. and that the
entire balance of the aforesaid amount of about forty-nine hundred dol-
lars ($4900.00) due the Jason & Hurst Company had likewise on said date,
and long prior thereto, been assigned and transferred By the Anson &
Hurst Company to Dr. Taylor Hurst, of Renard, Ky.. and this defendant .
had been notified of such assignment and transfer and had accepted the
some so far as it legally had the power to do.

 For further answer the defendant, as garnishee, states that
in addition to the attachment served upon it in the present case similar
attachments and g rnishements have been served upon it as the debtor
of the Mason & Hurst Company in the following suits. to~witz Lee Lebb,
Plaintiff. vs. Jason & Hurst Company. otc., Defendants, sending in the
Perry Quarterly Court; Bentley a Fitzyatrick, Plaintiffs. vs. Mason &
Hurst Company. Defendants, pending in the Perry Court;
and Merchant Supply Company, Plaintiff, vs. mason & Hurst Company, etc.,
pending in the herry “nurterly Court.

The defendant submits to the court whether unfier the cir—
cumstances heroin recited it ought to be required to make payment of
any of the funds owed by‘ti to the mason e hurst Company as aforesaid to
the nlaintiff in this action; and it asks the court in a determination
of this matter to ascertain and determine the rcsncctive priorities of
the several assignments and attachments hereinheforc mentioned, and if
necessary to that end that each and all of said sssi noes and gurnishees
be summoned and required to appear in this suit and litigate tleir re-
spective claims.

UHfiRHEORfi said garnishee, Bexington d Eastern Railway Co.,
having fully answered prays to he hence dismissed with its costs and
for all proper relief.

.___.____._....._..______..____
WW
huilnay Uo., tarnisnee.

T. A. McDowell states that he in thi General manager of the
Lexington & Eastern Railway Co., and one of the executive officers of the
said Lexington e Eastern Railway 00., no“ in the state and that the
statements contained in the foregoing answer are true as he verily be-
lieves.

Subscribed and sworn to before me by said affinnt, W. A. fic—
Dowell this October 191?.

 aAquv .1. WOOTTON .:.-..: MG...
WOOTTON 8v: MORGAN
- Aflnrurgsmbfiéam
1 HAZARD. KY.
.i. .i/
‘1’}, 1.' 9:)
Oct. 3?, 191:2,
Mr. Samuel .7.'.. Wilson,
Lexington, Ky.
Dem: Sir;

‘.‘fe acKnowledge receipt of 31111133 containing blank
forms to be used. in Cases in which the 7,. 84. E. ?y.CO.
has been summoned as garnishee. These forms are all
right, and. will answer the purpose exactly.

(answers as garnishee 1..re 1.11113 in the following
cases;

Bently 3’: Fitsoatricx vs Fiason 5: Hurst 8:11.,

Henry Potter ve I.'..aeon .P.- }Iurst .‘:-c.
The Railroad (Tozzipsmy is reguested to answer as to .
‘1‘fh9t"€1" it 17.1.1.6. 2111;! funds in its hands at the time of
the services 1):" ‘Lhe processes in these two cases: to
Hason Pr. Hurst.

‘.'ours very truly,
7W/Kém7 721%.?41

".4 P‘.‘1’/C A .