Page:Federal Reporter, 1st Series, Volume 7.djvu/533

 LATHAM V. CHAFEB. 52 J �for the coimty of Providence, the Cranston Savings Bank, the People's Savings Bank, the City Savings Bank, the Union Savings Bank, each a corporation duly created by the general assembly of the state of Bhode Island, iocated and doing business in the city of Providence, in the county of Providence, and other parties, all creditors of the A. & W, Sprague Manufacturing Company, and holders of its mortgage extension notes mentioned in said bill, as well in their own behalf as in behalf of all other creditors of the said corporation, the A. & W. Bprague Manufacturing Company, in said complainant's said bill named, exhibited their bill of complaint in said supreme court against the said A. & W. Sprague Man- ufacturing Company, and the said William Sprague, Amasa Sprague, as copartners, doing business under the flrm of A. & W. Sprague, and against this defendant, as trustee under said trust conveyance, dated No- vember 3, 1873, and as trustee or assignee under said deed of assignment, bearing'date April 6, 1874, from said A. & W. Sprague Manufacturing Com- pany to this defendant, in said complainant's (Mary Ann^ Latham's) said present bill of complaint mentiqned and ref erred to, praying that th|8 defendant might be removed from his office as trustee under said convey- ance, bearing date the flrat day of Nbvember, A. D. 1873, and that some suitable person or persons might be appointed trustee or trustees in his stead, and also praying that this defendant might be removed from his office as assignee under said conveyance, dated the sixth day pf April, 1874, and that some suitable person or persons might be appointed as- signee or assignees in his place and atcad, and also praying that this de- fendant might be required to render an aceount of his doings as trustee and as assignee as aforesaid, and to make proper conveyances of the prop- erty and estate in his hands to the trustee or trustees, and the assignee or assignees to be appointed in his stead : and also praying that his agent and servants might be enjoined from interfering with, managing, or con- trolling the property and estate embraced in the conveyances aforesaid, in their bill of complaint set forth, and more especially from conducting the business of cotton spinning, calico printing, or other manufacturing business, except under the direction of said supreme court ; and also pray- ing such other and further relief in the premises as to-said supreme court might seem meet. And this defendant, and all said other defendants named therein, were severally duly served with process issued from said supreme court upon said bill of complaint, so as aforesaid exhibited to them, and duly appeared and put in their joint and several answer» thereto; and said complainants therein duly flied their replication to such answers ; and said present complainant, Mary Anna Latham, as claiming to be a creditor of the said A. & W. Sprague Manufacturing Company as aforesaid, appeared and became a party to said former bill of complaint in said supreme court, and which said former bill is, as this- defendant avers, now depending and remaining as of record in said supreme court, being yet undetermined and undismissed. And this de- fendent avers that the said bill now exhibited by the said Mary Anna Latham against this defendant, is for the same matter as the said bill be- f ore exhibited by said Cranston Savings Bank and other complainant» against this defendant, and others in said suprememe court as aforesaid ; ��� �