Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-21


LrGAL IsTrLLrGEScE-JH n.f States C-reuh
m,d Dstr-t Co4rs-Ibe grand jung reported
al business before them fgr the term couple
I'D. and were discharged
Intel states u. one copper stIL ~ thS ease
an AMENDED or hba vas presented
by District Attorney Williamson, and ordered
10 be fled. Au0uOu for the dissolution Of IN
attachment and -eiznlssal O f-uit founded there
IN was argued. ana taken uulrT adyisement by
5hs court
The gs,-isi0n Of the court Ezz pronounced IN
rrs .gya n, Nelson rs. Dean, argued and sub
-i---4 ~ he last term o. the court IN this
ease a bu was nlst by plaintiff 20 recover tuo
hundred and four shar~s OF stock IN the Mem
pbis Gas Light Comps-y, purchased Of de
PENDANT. iu June aud Jan. 1851. A mort
gage 5f tie stock was erocul.d hH plain
III a. the time Of the purchase. l'r We
purpose Of securing the paymsh.
Of the purchza money. Defendant was d nom
resident but during the war came and took
.hErge Of the property Of the Company. Dur
tag tle military occupation, by the United
state forces. Of the city, the Civil Commission
was established, and the defendant. after having
been in possession OF the property Of the Gas
Company for some time, filed his petition De-
fore The Civil Commission for the foreclosure oi
rse mortgage given by plaintiff, and The prop
s4y vas sold 10 satisfy the claim or defendant.
who continued 20 hold the sams.
The defendant Mics a plea 70 the bill being an
sBsver M the nature OF a cross-bIl. admitting
rse fsets set up ga iha bill, hut setting Mp the
f.t Of Judgment recovered before The civil
Commission. thai plaintiff Vs. a. that time cut
az the state. aad THAI BE- bsd D right 70 the
property under the sale made bg ortsf % The
civil Cgmmfsstou-
There is no such pTactsoe f0iersteti In the Ped
rrsl Courts as that Off log ca answer and cross
bu I'll plea would be 0oja1ionsbis M de-
wr-e- C,r ne reason that 10 does ~ ask any
q rbe ,.lser thst a eross-bM should pray ~, or
vbi.b 5essrsg,t x-ould be entitled TO ask Is 8
eross-bEL. There Is no generator special prayer
10Y relerin the eross-biu, Enoh only asks what
the Court would have PoEE g. give 90 uHiaho
answer. amounting 70 nothing H~+ bHAn pie
IN bar 20 this suit. A. 20 tie 4QrnfrsW t"'
plea, the cross-biu VIII be beh l2ha'e oeer ~
properly nlsd, and the Court sfl bessalH ue
murrsr. without touching on the pe0HlA. "o
fense set up on account Of the sorm@ S9at sac
judgment before the Civil Commission.
II was agreed By the counsel in the ease that
the demurrer should De Withdrawn ana the de
Esndant allowed 10 amend bis pleading. 10
speaking Of the ground OF dseeRss 50 Up TIE
EgUE ree8nlucnded the case a. au GnEsu2ny
important one. sDd one which should - eg-
nsd " the SupHs1s Court for hnal sdjudiea-
uboI-
Oetsr as Titss kHd Bn4Eley e. al. This
case Va resumed The plaipuqs E9unsel an
nounced that hey restI their csss ppqT the
testimony already before d. Court withqet
producing nons except for the psIPose Of re-
butung the evidsAoe Gu The other sac.
The testimony fE tn esianse was begun W
the reaIlug Of the deposition GA. p Merrill,
oEe 0tthe original paFtes defandanz. The dep
ost3Ou went toshow that asriE Wssmo amen.
Der OF the " Committee OF AafafV.7 wa Dot
preselt az the tine plaiutin7s leafs EEre seizsd,
ana that be knew nothing whatever conserving
the matter N cOutr1velSs.
A certified copy Of tie enrolment OF the
steamer Grampus AZ ths purl Of Pittsburg was
then offered By ~deEudlnf's counsel. showing
the title or ownership on said sissruE~ 10 be in
Lester p, and Friedlaud Chester. soHs q claim
un
A certified copy from the records Of a. DIS
aict Court OfAliegoang eoautV. Penn. ana fbe
Supreme Court Of Pennsylvania. III a'snif on 4
policy Of Insurance. for nVs thousand dollars on
fhs steamer Mohawk, ia the name 81 Tbo1nss
- Chester for the benefit o. Hutchinson. f.F1,isr
owner Of the boat, and - whom plalnlno owed
3 por1op q The purchase money, vas next Of