WALTERS et al. v. WESTERN & A. R. CO. et al.; McLENDON v. STAHLMAN

WALTERS et al. v. WESTERN & A. R. CO. et al. McLENDON v. STAHLMAN. (Circuit Court of Appeals, Fifth Circuit. May 5, 1896.) No. 457. Appeal from the Circuit Court of the United States for the Northern District of Georgia. This was a suit hy William T. Walters and others against the Western & Atlantic I-tailroad Company and others. J. S. McLendon filed an intervening petition, aslring the allowance of a claim against the assets of the corporation, which petition was referred to a special master. On the coming in of the master’s report, an order was taken directing the payment of $80 to McLendon. 69 Fed. 679. From this order he appeals. W. L. Albert and John L. Hopkins, for appellants. J. Carroll Payne, for appellees. Before PARDEE and McOORMIOK, Circuit Judges, and SPEER, District •Judge. [MAJORITY — PER CURIAM.] PER CURIAM. The judge of the circuit court gave elaborate reasons for his decree. Without affirming his reasons in toto, we are satisfied that the decree appealed from is correct, on the ground that, at the date of the garnishment of the Western & Atlantic Railroad Company on the judgment against Perino Brown, the said railroad company is not. shown to have been indebted to said Brown beyond -the sum of $80, which sum, by the decree, is awarded to the intervener. Decree affirmed.