The Evansville daily journal., 1859-03-25
The Judah suit.

A Correspondent of the .Vincennes Sun,
gives the following history of the suit of
the vencennes University, against Samuel
Judah.
81 This was a suit brought by the plaintiffs
to recover from defendant $4,000 Indiana
State Bonds withseoupons attached; belong
ing to and issued in favor of said University.
1t appeared on trial that defendant had been
employed by plaintiffs to prosecutea a certain
claim tor land in Gibson county, originally
granted by the United States for the bene-
st OF said University, but which had been
wrested from them and converted to the ben
eft of the State Institution at Bloomington.
The suits were commenced in Gibson coun-
ty, and afterwards in 1916 an act of the Leg
islature was passed by which the State be-
came the defendant in one suit instead of
the many; and the same was tried in the Ma
ricn Circuit Court and was there decided in
favor ofthe Vincennes University, but which
decision was reversed in the Supreme Court
ofthe United States and the case was decided
in favor ofthe Vincennes University in 853.
An act of the Legislature was passed in
1855 by which the Auditor and Treasurer
Of State were authorized to issue c. per cent.
Bonds in favor Of the Vincennes' University
to the amount of SOC, $50, redeemahle in
thirty years; interest, payable half-yearly in
indianapolis. These bonds were to- be in
full Satisfaction for the Judgment against
the State. ,f,-. Mid .ttyi9 az i.fe 81 a
Sam'l Judah received, as the attorney of
the Board of, Trustees, .$5o,000T of said bonds
from the Auditor and Treasurer in Feb
ruary, 1866 and not until May 1865,
that the Trustees received any know
ledge of the same. 1t was then that they
ordered their Treasurer to demand from the
attorney said bopds-Qpon which demand
two bonds of S. 900 each were surrendered
he still retaining $25,0O0,, for which the
| present suit is brought. The defence TO
which is, that they were destined as a lien
for said attorneys fee-he alleging that they
| owed him that amount and more for lis
services as attorney. An original contract
was set up by plaintiffs, in which eounssl,
! viz, Judah and Ellis, it was argued, had
! agreed to prosecute plaintiffs claim for $3.50
/ certain TO Judah, $3.50 more .ifrsIccessful
up to $4,000; and Ellis I'm the same way for
| $l00 certain and $500 contingent How
ever, after the decision in the Supreme
Court of the United States in February,
1853, it was resolved that for Juhalfs SER
vices as attorney, he should receive one
fourth of the nett proceeds of the funds OBJ
famed by the fnal decision out Of, the funds
after, they were paid into the Treasury. In
May, 1885, he refusing to. accept of one
fourth in full for his SERVICES, the resolution
passed February s, 1853, allowing one
fourth, was rescinded by the Board. ti4sl
ia This is ABOUT, as near as | could learn
from the evidence produced, the true his
tory of the case. The Jury were empan-
elled on Friday, the evidence closed on
Monday, and the case ably, argued by coun-
sci on both sides on Tuesday, about 80 clock
p. NJ, il was submitted to the Jury with in
structions from his Honor Judge Claypool
/ The Jury, after being oHt all night return
ed verdict on Wednesday morning fol
S10,4 IS in fayo~ of the Vincennes Uni
versity. d, -5fra4 aif f,la i58s1t -ai