, 1864-01-09
LAW INTELLIGENCE.
The City Of Chicago VS.. Owen Nc
Ca1thy and Others,
RECORD OF CASES INTHEDIFFER-
ENT Law COURTS,

The case OF the City OF Chicago versus Owen
Mccarthy ct al., was heard In the Superior Court
| yesterday before Hon. Van Higgins.
This wns an action Of debt, commenced at the
April term, 1889, Of the Cook County Court Of
| Common Pleas, upon the bond OF Owen McCarthy.
city collector for the year 1885, and the other de-.
! fendcnts aa his surcties. The suit was brought
| for the alleged non-pa3ment OF monays received
| by him city collector. The issues In the casa
were not fully made up until the present term. the
sureties, among other matter Of defense. having
pleaded that in April, 1857. Mccarthy, whoso term
OF Office had then expired, settled in tl with the
y,and the settlement $622 was paid by the
city to Mccarthy as the balanee then due him, and.
claimed that this settlement discharged the cure
ties To this plea the plaintiffs replied that the
settlement Was mistake, and a demurrer to the
replication was sustained By the Court, thereby
deciding TINT settlement made with the principal
By mistake discharged the suretics. The parties
thereupon agreed to trial by the Court Of the
issues OF fact in tho cauee.
The trial involved the Investigation OF the gen
cral warrant for the year 1851, occupying three
large volumes, the total amount Of tic warrant
being about four hundred thousand dollars. The
plaintiffs claimed that Mccarthy at the time Of tho
alleged settlement owed the city balance t8
and introduced evidence that the mistake occurred
surer Mr, c. n. Holden to Issue duplicate certi-
catea for small amounts Of money, as The sums
wela paid IN By the Collector, and at intervals
when the Collector desired to make his report to
the Common Council, he wonld cali on the Tics
surer and take gzoss receipt for the total amount
sf1e1a t ea ~ rreps and surrender the small
Four Of the email receipts, viz:
One Of date March q, 1857 .SLonn9
9ae 9ae Ct Ct aie date %s5sG %s3s s 1s7 s7
One Of date April 10, 1857 for. ........... E5T5
were included in general receipt nom the Tsea
snIeT sure o. date APsil 10th, 1851 Tor s., $500, the
In tbe settlement Of the account Iii. Mccarthy
feems to hare received credit for the duplicates
oi The first three receipts separately, and IN aadi-
tioua credit for the gross amount; thus creditnr
twice. 4 deduction In Mr. Mecarthy's favor Of
him leaves the amount claimed to be due. The
day ssa before :, n HepoE Jadgs sa Iigsias
lars) xae due the city, but he has rot yos decided
Frances Adams, City Attorney, and E. II. Brack-
ct for Plaintiff, and Waite s uounc d Ho5ne, for
U. 8. C1ncu1T AND DISTRICT corrrs.-Bsfors
IxeHDailey rs. Peabody. Court having couaid-
res Of pin to detts. 3D. 9Th, 7,h, sth, 9th and ith
pleasE Sustained as o6th plea, and overruled Is
o61-tchanecUecresby vr.. Montague ct al.
HisTng hs1etoio5e O. set down for come
the same, taken under advfsement.
1o-CIooks ct al. n. Chicago. Alton & St. Louis
Railroad. Set down for hearing on petition and
answer, and after argument. taken under advise
Coos coussr c1ncurr cornr-Dstore Hon. Z.
sss. Windett Is. De.undcau ct al Trial re-
81. {Chance1) Emerson rs. Emerson Default
and order Of rel. set aside on mo. Thompson &
H. Buckle ye. Aaay. Dis. at D, c. mo. plns
81. People re- alaher, On mo. Of dcfts and BY
2. and IN block 13, foot Dearborn addition to
Chicago without prejudice.
.ker extended 10 1st Mond.y OF FeS. ne!t on mo.
sc: Iheueey> Walker r.. stampeash ct al.
?. S. Hammond and J. A. Nelson, and fuie on
them TO answer instantcr. Default and bill taken
p1e1 F1s eoGfsso sn As to t9s BEN. and st. to master
service on deit Stow and pnhn to ali other detts.
Rule on 70 plead instanter. BiM taken pro eovssso
ss aecay 4 4 W. ~ eaIH GsiIse e. Time to file
bond and blu Of exceptions extended to Monday
nss1a'Rs sg1es,os osa:s counr-Bcors Hon, John H. Ba,m
a9fsz 9ssa.s s'Rg g: Res. {. al. Order Of dl.n...
Of 9Th inst set aside.
oonatmed and decree. p'4' ''~~'
@ e. aa,ed q MsS NSe5. Ct q h,esse 1a eomps
IN Trial 1Do7e Hon. Td1 II Hl1gins-
On mo. pl'f's attorney.
The call Of the docket stands at case 800,
n MQnseeTf, bGfoft Hon. Jos. E. Gdrv.-
11A Guckney vs. Andrew J. Brown. Service OF
ea J4. to reE1re Judgment By confession, Nov. q,
yfTcd- $2+E0b5.
REcoRDEn's cor1T-Bgae Ion. E. Fan Buren,
Judge.
People ye, Barnu,u. Continued On notfon NJ
defendant
People VI. ConkwrIght. Jury fall to agreo
defendant guilty, and eentenced to seven yeals III
the PenItentiory. =