, 1863-03-19
Lazy INTELLIGENCE.
L Sheriff Ordered to Par Counsel Fees
and Costs, for Contempt.

C1ncc1r CouHr or CooK CorS7r-Itfore Hon,
Geo. .NdnierFe.-Thc following case, showing the
niodns olserandi OF obtaining funds to prosecute
suit against husband, for divorce. will be found
Of interest to the public and the legal profession,
and Important to Sheri1s throughout the State
hall rs. HAIL.-Thc bill for divorce was filed,
and the defendant served BY the Sheriff Of Scott !
county, with summons, and an Injunction against
disposipg Of his property until the further order OF
Court. The complainant then obta!nel an order |
that the defendant pay into Court the cum OF one
hundred dollars to enable the complainant to pros
ecute the suit or chow cause TO the contrary, by
day given. This order was served, and the de-
fyndant fled a11darits against said motion, md |
the complainant supported 1t by counter afdavits
Upon the hearing, this rulc for the payment
OF the hundred dollars for counsel, &c,
WIS made absolute with costs. In the meantime,
an affidavit Of violation Of the injunction, and
motion for an attachment therefor was alcd-the
default Of the defendant WAS entered and the cause
referred to the Master in Chancer5 to take proofs
The defendant failed to pay the money, and writ
Of attachment was issued aganHt him and cent to
the Sheriff Of Scott county, commanding him, ,sriA
out tpre.>dy,ntntefhs hss fees. TO arrest tho defend
and an sess snd Be- +, shoqa I'd %ase
here on the return day Of the yrit. The Sheriff
5saa Sat did ID not IN arress him INC '',sssaas sseeond
Erit Of attachment WAS cent TO tho same
| not b. found ii hfs county. The complainant
then moved that the Sheriff be ordered to pay the
hundred dollars and coets: for his default aewas
eeryed with notice. snd showed cause against the
ii he wits. I'll the following: A''" ''' N'' e1''
!. His fees were not advanced.
2. The defendant Was insolvcnt.
g. H. would hare to c1peud $50 to SIS, to exc
| cute the writ.
| The complainant rupported thc motion by the
following points nnde By Mt. Bouncy, her counsel:
| ]. There is no law authorizing demand OF pre-
i The body iteelf is taken, as property would be
by an execution, as the rery tneans Of making the
5. When tho defendant showed Cause against the
/ motion for the money. the Court concluslyey dc.
termined that he had the means Of payment: II
latien of tic injunction, '''0 - = - ava"
j. Whether right OF wrong the Sheriff was bound
ohsy the order until he could have 1t set aside OF
8. The Sheriff had the defendant SO far in his
power and submission to his will, that he mag be
6. In nearly every case the Sheriff must incnF pre-
lm'nary expenses but these are the burdens Of
:. This is the only remedy; the complainant can.
rot que the Sheriff ut law, for she ia married wo
man; she cannot prosecute as poor person. for
8. The measure OF damaees is certain. tic right
clear, and either the complainant must have this
| IcmcGY OF ABANDON 1cr cause. ttUk the Conlt can
rot Tins allow Just cause TO fa1 and IT. author-
~ to be treated with contempt.
The motion weH tw;cs argued, and upon the
| second hearing, Judge Manfe!Te ordered that the
| Sheriff should pAy into Court $3.50 to enable the
complainant to prosecute her suit, and the further
tum OF 4.45 for c0ste Incurred in that behalf Tor
causee apparent Of record and Rpccfh ed in said mo-
ton. All attachment to enforce this order iminc-
} diately issued against tho Sheriff.
surEn,or coun7-Bsfere Hon. / y. Hllaen;-
Crane and Wcsson vs: 1glehart and others. This
/ hou hpnys trial G.YefGl DAYS. before judge
John n Nilson, in chauccEJ, and Is net yet CON
Thc suit ia brought TO foseclose mortgage On
| ,yhich II il CLAIMED there Is due about SlU.ooo.
rirrn bv Irlchart to Crane and Wcsson, IN june,
5s3 on certain property In this city, 70 secure tae
deferred purchase money on Wnlcn w tx
i | wns eiyen. Ic1ehart afterwards fnbdistded me
p!ooefty. and sold 1t to different pereons. some
| of whom obtuined releasee of tier io1s On ps}y,
: | 1nent to Crane md Wilson Of Pre- RAG
. amount Of the mortgage in pursuance VIII III ~
o I agreement, entered into between e. ana ~ anu
leehart at the date Of the MORTGAGE. but mol &c.
=, eoided until after NIL, OF neatly all the lots nae
Is hcen fold by 1g3ehart.
!he dSferdAuts clalm that the released lots lat
A. e1!a nJ lE!ehaIt wcteworth much more than c. Ant
W received tor thcir rcleAse and cnoughto pay
III LIZ a1uouut nov claimed; that they have right
SeF os ea 1s1s 81 nPPsd on the beort
G o. were honcd to know Of The sales To- thcm Whe1
or | ttey released. ~@~7 '" s"''AA !" 'e'
hr The cnEe is Il norel one in our court. md n,c
nd ssats gsest snss.y q questions CONCERNING III
II mortgage and the right of tnasphali,n.
of tics anong successive purchasers
Eos co1npttsnhuts. Geo F. Bailey and Jamch =
an Jey For aefertanis. Norris, Th3mss. uent, m
Liz, ,elald