, 1862-12-11
LAW INTELLIGENCE.
Two Interesting Suits Against the
City.

Two Interesting G,sY. Suits Against the
SUPERIOR CouRr-LsJore Hon. Fan IL l7iz-
GinS-Thls court was occupied during Tuc5- !
day with the suit Of U1rich 1ochbilcr rs. City |
Of Chicago. In this case it Was shown that il /
tl.e spring Of 1sss, the PLAINTIFF was no.ni~
lct, and that he performed the duties that !
years at Il salary Of $3.50. In April, 1853 the |
city passed IN ordinance prescribing the sal |
aries Of the different city employees. In that |
ordinance was clause that all orders fixing !
salaries different from those in said ordi- !
nance, or not enumerated III it, were repealed. |
IL this ordinance no mention was made Of !
market Clerk, or was any salary pro- |
yided for such Office. About the first Of |
eG MaGy 3s iSs n;nt ths tGemptrolea 4pst Wara n9t ct
continue his salary from the date Of tho |
passage Of the ordinance. Lochbiller subse-
puently the pctitioned Common Council for
compensation, and report was made and con
peared that bir Haines, who was then Mayor,
directed him TO still continne to act as Clerk, |
promising that he would see him paid. He did
continue to discharge the duties Of his Office
till april, 1853, when he sued the city for his
salary, at the rate Of $3.50 per an1.um. He
was, during this period, recognized as such
officer by tie Mayor, and By the Chairman Of
the Committee on Markets.
The City Attorney, Mr.. Mech, contended
that the ordinance Of April, 1883,
repealed the office held by the plaintiff
and discontinued bis salary, and that after
entitled to no pay, as neither the Mayor or
any Alderman could bind the city The case
had been once tried, and eleven of the jury
were in fayor Of giving the plaintiff the full
amount Of his claim, but Oh the present trial,
the jury adopted the views taken By the City
Attorney and pHv4 verdict fnr fhn Tfainfiff
to recover the amount admitted as due from
April 11th to May 1st, a. D. 1S59-about
S2aG3. Gilbert c. Walker for plaintiff, G: A.
Mech, City Attorney, for defendant. The
| the result gives to the plaintiff just the sum
| which the City Attorney admitted to ba due.
Jas. H, Rees VS.. City Of CAicago.-This
suit, involving the title to thirty one feet Of
| the north side Of North Water street, was
| called up for trial yesterday morning, before
| Of trying the cause, exchanged places with
Judge Higgins, he having been consulted rela-
| tive TO the suit, several Years ago. In 1910
the City instituted proceedings to condemn,
| for the use Of q street, thirty-one feet Of lot
five, opposite the Hamilton House, on North
Clark Street, belonging to the wealthy family
| Of Ewings Of Ohio. The sum Of 500 was
| paid By the city subsequently for the land so
| taken. These proceedings were afterwards
| decided by the Supreme Court to be void.
| The Ewings, however, having accepted the
| $780,, were satisfied, moved their buildings
to another location, and dedicated the con
| demned property to the use Of the public rs a
| street. Sometime in 1856 one Of tie brother
Ewing, having died, the surviving brothers
Tiled bill for partition Of the real estate
Which they had held Jointly. The court, how
ever, directed The property to be sold, and the
proceeds divided. At the sale the interest Of
the EwingE, whatever it was, in the thlrty-one
| feet alluded to, was purchased by James Il.
Rces, the plaintiff, who commenced this ac-
ton Of cjectmcnt against the city to secure
possession, on the ground that the cond2nl-
nation proceedings had been declared Illegal
and void
After a jury had been empanelled, the plain
Tiff moved 10 suppress deposition Of the sur
vlriug Ewing, the present owner Of the prop
crty north ii, and adjoining the 81 feet in
question, on the ground thai he was interest
cd in the event Of the suit and therefore in
incompetent witness (The inteerst which
tle plaintiff contends Ewing has in the suit,
is, that if tile suit should go against the city,
corner lot as now, and Of course less valu-
| able.) After argument the court sustained
the motion and excluded the deposition. The
| City Attorney, Mr. Mech, then moved for
Judge Goodrich, in the former trial Of this
cause. in which the jury filled to agree. had ad.
1nitted the same deposition as evidence
though the same objections were then raised
and that the decision Of lis Honor Judge
| Ma,'nierre, reversing that Of Judge Goodrich,
had taken the defendant by surprise, and
without the deposition he could not safely
proceed to trial.
The Court held Mr.. Mcech's motion for d
continuance. to lie discretionary with tht
| Court, and III his opiuion that discretion
. | should be exercised for the defense
Rv consent Of both parties !. juror wa;
thereupon withdrawn aud the CAUSE con
/ tinted. <-tS;ss--sss:==:.zsEEGs7 <tS;ss--sss:==:. .sE7
Arlington & Dent and &. r Merrick fvl
thc plaintiff; G. a. Mech, City Attorney
and E. Anthony for the city.
il The Sewing Machine Convention.
| II will almost bear to he announced as
| | "new thing Ender the sstn," Il Sewing Ma
f | chine Convention, get such is shortly TO b
held in this city After \ careful preparation
: and sklllful settlement Of preliminaries whicl
| | promise 10 give it success, and yet thoug
? tie novelty If the gathering is unaucstioncd
I | a moments consideration Of facts will estat
c ;ish il us in design eniiacntly we'll calculate
to serve the public interest i'll the wide sprca
2 and increasing department Of industry IN
viii lie Sewing is Maehino. meme is IS 9e associate
;. Deen reserved for our own age, aud thai to
u period Of within q very few years past. TAX
+ Tor instance the company whose immens
5 operations have made This convention nj
: ccssi1y IT has extended its business through
out the whole conntry. Six States are covcre
c l,y the Chicago agency, and there will be RI
r | presented, in the body Of some two llundre
/. tiu,ls, tho local agencies Of the Wheeler
: Wilson machine. The Convention viii t
lieid in Bryan Hall on December 18th m
: 1sh, The Two days to be fully occupied by til
# | programme ef business to receive its attcl
" lion. The railroads eentcrisg here have yet
is literally uct the convenience Of member
l, going ard coming, and excursion tickets lr.s
&C been issued. We shall take occasion ncreaft,
to speak Of the Convention and its aims nn
Is i'll detail, lut our only present purpose is III
Is general reference to the gathering, rs destine
st to prove m interesting OCCASION both to Il
II menlhcrs abroad and to our own citizens, vt
may attend upon its deliberations. 4 graz
b. Banquet ut Tue fremont House will close Il
ID two days session.
10 PROF GR1rFETns READINGS THIS EyES1S
l. We publish below a programme Of the c
to tcriainme1it thlS evening" ut Bryan Hail. unit
the auspices Of tho Young MEMS Associatio
Prof Grl1eth is an elocutionist Of undoubt
y | merit and rich treat may be expected:
rRoaRANME.
1utroducfic1- From Lonsft1low's Wait"
.sElc1laI JustiSe poem for the times,
Charles Afackay-
On the Shores Of Tenneasee"-A LEY Uni
poem.
n The Bells Musical and Ventrilo1nial)- P,
X Parrhasins Or the Painter and Captive e-Willi
ct "a Classical Story in a New Drcss''-Hy Sake
II 'sThe Evening Dream :; or Charge ut Balak1ar;
- - i song in war timely Sidney Dobr1
"a t'T The Fathers Lullaby Souy-Hood.
re s"Thr EayeM'"-Pnr.
n Mr. pickwick end Friends on the Ice--Dickcn
o.
lie A COMPLIMENT To A CHICAGO ARTIST.
IL We hapi'y to reproduce, for the l'encit
Id our readers, the sl1bjoincl paragraph, viii
lie VT lind in the Utica ~. j. papers, touelli
cc | 1ilc impression which Mrs. E. G. Bostwick
~ Ills city, made Mt Il conccr. given there in
de half Of tnc Soldiers Aid Association: AM
ur Gu>'wick sang as svcctly, us :rtistically, ::
p with as fine a tone size ever did in her pal
a :c~t Gays, perfectly astonishing those "
at ilv;1rd Ier nearly Il score ofyears ago. She c
he carry tw:sy with her the satisfaction Of Il,
d. ill.,: materially in increasing the funds of t
or Soldiers Aid Associafionf
to
he A Card.
of The undersigned would take this means
Ic- thanking the ladies' OF st. Paul's Church ri
er Univcr-alst) for their dsinttresttd and contin1
9abo1s in The hospital OF the atn Vermont &c
/ uprtf-1rAtiDt- sick rnnr The sn}Hi,r n11,