, 1864-02-19
Law INTELLIGENCE,
PROOF OF TIE EXECUTION or 4 NOTE
BY 4 CORPORATION,
SINGULAR STATE OF FACTS IN AN
ACTION OF EIECTMENT.
Law INTELLIGENCE.
Record Of Cases in all tho Courts.

which came up before the Circuit Court Of tho
| United States, Was q suit on interest coupons
originally attached 10 bonds Issued by the defend
ant, under IN net Of the Legislature enabling the
city to loan its credit for the benefit Of come rail-
road. Tho plaintiff sued On three coupons Of one
hundred dollars each His counsel offered the
coupons In evidence, running as follows:
500. No. ?,
The City Of Rockford will pay to the holder on
the first day Of December, A. D. 1860, at the Amer
eum Of one bundled dollars, interest due on that
| sEEIr PEnnr, Mayor
fendant had not denied tho execution Of the instru
ment under oath, the execution must, under the
statute, be considered az admitted.
I This the counsel for the defence denied, on the
ground that 1t WAS impossible for the corporation
TO take m oath. and claimed that the burden OF
proof was upon the plaintiff to show both the gen.
uineness Of the signature, and that the person sign
ing 1t did 20 BY the authority Of the corporotlon.
The Court, however, was inclined to hold that 60
fur as the Zenulnenees Of the signature was con-
cc1ned, that must be taken as confessed, but con-
sidercd that It wouldbo encouraging yery loose
practice to hold that the pezson signing had ar1-
thority in behalf Of the city to do 30, without aome
proof OF that fact As the counsel for the plaintiff
Eas not provided with testimony that point tho
Gaze WAS postponed, In order to giyc him time to
procure It. Payson for Plaintiff, Miller for Defend
mt.
The case Of Stevens ". Layeridgo also tried be-
fore the same court, involved tome singular ques-
tfons. This WIS an action Of eectment, the plain-
tiff claiming tito under patent to soldier OF The
war Of 1919. In 1915 the soldier went to sea, and
never returned. The mother died in 1921, the
father not till 1859. The plaintiff purchased the
title 6; the brothers and eiaterB aud their children
The defendant set up color Of title and payment Of
taxes under tho statute r1intif contended that
the land descended to the father and mother as
next Of kin. providing the son died before the
mother; also th8t the father OF tho soldier wat
tenant b. courtesy duing his life and consequently
therefore the limitation eon1d not a. against
the mothers interest The Court eoncuned II tie
was satisfactory. that tho eon died beforo the
mother; but As the son had not been absent seven
years It the time Of tho molher's death, the proof
on that point WAa deemed insufficient, and the
PLAINTIFF s counsel consented to verdict against
In the Probate Court yesterday the Will Of the
late Franklin Scammon wns admitted to Probate.
The widow Of the deceased, Harriet Scammon.
J..iouug. scammon, Esq. bis brother, Robett E.
E1orencedaie, Will county. Illinois, arc appointed
The testator authorf.es the executors to dispose
Of bis hereariam in such manner a. the5 may
In t6e RseoTdcrs' Court, before Judgo Van nu.
0ls d as
trade tailor: ne took work to do from solomon
harris, who Keeps clothing store on Randolph
eember Hars engaged lin 10 make nj soaS
linen coats, and he took some cloth home for that
purpose. Aiter aportion Of the coats had been
enbelg'a house was burnt, not without suspicious
that he WIS the author OF the fire. A day or two
TX ier +, LATTE saw kngenbeg aaa inquired aier
rs tint hey had ii bcea eos.amed II tie house
Ole EaE arrested and examined on the charge Of
hGson n., md the s ssme aay trunk containing tie
vas found concealed In barn on the outskirts Of
the city whore i was afterwards ascertaincd that
The defense tried to maintain that Harris was
,p debt to hlingenberg tor work, and that the lat
ter simply retained The Goods to enforce In that
jury. however, took different view Of the case,
For ths ststs. Knox and Reed; for the dofenae,
In The samo Court yesterday, Mary connlly,
charged on tEo indictments with the larceny Of
New York HpuRe, where she was employed as 4
servant 9irl, was acquitted On one Of the indict-
ments. She will probably be tined on tho other
UNITED STATES Cmcu1r counr-Bgors Hon.
72es. Go1a aoa.;ao ID sns Ssao s S,,n,,
4e0. Walworth IS. Otis ct Al. Same.
5:6. Fowler ys. Brady. Judgment for plaintiff. |
4Ga. Stevens rs. Leveridge. judgment for de- |
81. 81. same sa@e "a. "a. Hoarc. aoa efme same.
fcndsnt'a eosts IT, @ecooc. continued n1 de-
S.: Hafding VS.. City Of Rockford. Plaintiff |
withdraws Juror and discharges the rest Of the |
5z9. q. i. 4, ys. Davidson ct nj. Demurrer tn
declaration argued and taken under adyisenent
,,,a;a,; sg; Sumner Ss' cow'ea ct al Judgmen: for
556. Barney 1T al vs. Wise. :Jndcmcnt far MAIN
til. ~ 49, '0' "1's' '"'s s1Ae'4t '0' p'+1n-
SIC. Wheeler rs. Unleshtll. Judgment for plain
55a. Lombard va Moore. Judgment for plaintiff: |
pr desele. xs neienant aTo ha ~ q gp,1
Of 81 .Oa. @~'@ D@'' ~ BALL
srrey1or f.onnr-B<fa,< mir 7u,,,.< zo1. ,r
hHsSnnan r. Rooth hCnadse1g; ~ ReG.,.a. ,...u,
1oe Peter 81 n w Tia Hssteea ae,s5rt s,
,esed se1r Fitzpatrick 7a. Fitzpatrick. Decree On:
4 Wefmsn y; San 9een5S peeres & entered f
Bq1,e Mn. Fan z. Moatas, Judge ooosman La,c.
ss9. me corporation Of New Military vs Worstcr, |
,vvs1,ed q Aadd0ek Fs' City Of Chicago. New trial
fsss.nt So; Baldwin vs. Higgins. Judgment for de-
aennaH1r ~ -,x-,...,,.
r. -. Aen!on o ss. wm,e' Judgment foF plalntih
Log: 9sS. ,,-
ten days:
lsS9. MeClain 70. McMlleu. Judgment for platn-
tiR:
luz, Leach Fs. Campbell, ct al. Judgment for
plainttn
44o White rs. Alexander. Judgment for plain
TN.
l1s0. The Onion Line Transportation Company
". fenby. Dismissed 1t plaintiffs costs.
cIEculT coun7--Bxfo7e Hon. E. 8. Fauians
Juagt-Gt7Nn7on Ln11. |
Nos 70: 81. Fay =: Henry: Leave toadd count in
Trover TO declaration. |
No. 198. Boyden vs. Wentworth. Leave to de-
fendant TO file addition pleas within twenty days.
No. S45. LII ct al, rs. Schmidt. Time 10 plead
extended.
Court aasese.
No. s3a tedeTson ct al., vs. Williamson ct al.
Dismissed At PLAINTIFF costs.
No. 551. Tatea ys. Hoyt. Judgment for plain
tid:
No. 87S McAnd1ewa rs. Bradley ct al. Learc to
file special plea or notice ofepeciM defence within
len days.
No. 516 0'Brfen VI, Wallbaum. Dismissed at
plaintiffs eosts.
-Rrockhaus ct al., rs. 6hoyc1. Judgment for
PIeinttf g confessed. ,,.,.
no. s78: Btekerdikc ct al, rs. stolbrand' Dis
mtesed with pfocedendo.
No S+o. RaHson ct al. w. Wood ct al, Appear !