xt73bk16mf8w_428 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. [297] Merchant Supply Company v. Mason and Hurst Co., Perry Quarterly Court text [297] Merchant Supply Company v. Mason and Hurst Co., Perry Quarterly Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_43/Folder_8/4677.pdf section false xt73bk16mf8w_428 xt73bk16mf8w PERRY QUARTERLY COURT.
MERCHANT SUPPLY COMPANY, PLAINTIFF.
VS. ANSWER OF LEXINGTON & EASTERN RAILWAY 00., AS GARNISHEE.
MASON & BURST COMPANY, ETC., DEFENDANTS.

Comes the Lexington & Eastern Railway Company, summoned
herein as gornishee, by W. A. McDowell as General Manager, and, for
answer as such gernishee, says that at the date of the service upon
it of the order of attachment herein, to-wit: on the day of
1912, it was indebted for balance on contract to the defendant, mason
& Burst Company, in the sum of about Forty-nine hundred Dollars
($4,900.00), subject, however, to correction for errors or omissions
in the estimates and accounts, and that said gsrnishee is not indebted
in any sum whatsoever, and has in its possession no other money, prop-
erty, choses in action or evidences of debt of any kind in which the
said defendant had on said date any interest whatsoever.

The defendant further says, by way of answer as garnishee,
that at the date of the service upon it of the aforesaid order of at-
tachment, and long prior thereto, ThirtyOnine hundred Dollars
($3,900.00) of the aforesaid balance had been duly assigned and trans-
ferred by the Mason & Hurst Company to the First National Bank of
Hazard, Ky., and this defendant had been notified of such assignment,
and had accepted sane so far as it legally had the power to do, and
that the entire balance of the aforesaid amount of about Forty-nine
Hundred Dollars ($4,900.00) due the Mason & Hurst Company had likewise
on said date, and lOng prior thereto, been assigned and transferred by
the Mason e Hurst Company to Dr. Taylor burst, of Hazard, Ky., and this
defendant had been notified of such assignment and transfer and had

accepted the same so far as it legully 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 simi-
lar attachments and garnishments have been served upon it as the
debtor of the Mason & Hurst Company in the following suits, to-wit:
Lee Webb, Plaintiff, vs. Mason & Hurst Company, etc. Defendants, pend-
ing in the Perry Quarterly Court; Bentley & Fitzpatrick. Plaintiffs,
vs. ﬂason K Hurst Company, etc., Defendants. pending in the ?erry
Court; and Henry Potter, Plaintiff. vs. Heson &
Hurst Company, etc., Defendants, pending in the Perry
Court.
The defendant submits to the court whether under the
circumstances herein recited it ought to be required to make payment
of any of the funds owed by it to the neson & Burst Company as afore-
said to the plaintiff in this action; and it asks the court in a deter-
mination of this matter to ascertain and determine the respective priori-
ties of the several assipnments and attachments hereinbefore mentioned,
and, if necessary, to that end that each and all of said sssinnees
and garnishoes be summoned and required to appear in this suit and liti-
gate their respective claims.
WHEREFORE said garnishee, Lexington & Eastern Railway 00.,
having fully answered prays to be hence dismissed with its costs and
for all proper relief.
..___.l__..___._.___.___.________
W
Railway Co., Garnishee.
W. A. McDowell states that he is the General Manager of the
Lexington & Eastern Railway Co., and one of the executive officers of
the said Lexington e Eastern Railway 00.. now in the state; and that
the statements contained in the foregoing answer are true as he verily
believes.
_________.____._._l___.________
Subscribed and sworn to before me by said effient, W. A.
McDowell this Gctober 1912.

ur.Lrv.i WOOTYON its“ MORGAN ,l-”7r77 “V v“ ,. r _
WOiTTON & MORGAN [I f f. .7:
,2. ﬁnnwgsmfﬁiam _ . ~ a: . , 5
‘ HAZAhD, KY. ! [gt/A/f ’ J /’<
/l 3’ I .‘L ’ 1
Oct. 15, 191?.
Samuel F. Wilson,
Lexington, Ky.
Dear Sir:
The railroad company is constantly being garnished by
persons in suits against its employees. The Court here has
ruled that we must have an answer of garnishe verified by
some persons other than its attorney. We cannot, therefore,
verify these answers, and we suggest that you have a written
form prepared, and when the process is served on Kr. McDowdl,
have the farm filled out and sworn to by the wropcr official,
and forward to us for filing. This will expedite matters and
save Some considerable Correspondence.
The present answers of garnishes should be filed in
the following cases pending in the Perry quarterly Court:
Herchant Supply 00. vs Essen & Hurst Co.
A Lee Webb vs Ussan & NJTSt 70.
William Little vs Charlie Ostorne.
7 Yours very truly,
2/‘7/ﬂéég’74 91/ (W/ ’ _
' BPW/CA.