The national Republican., 1867-08-01
THE COUIsTn.

| Auo CuuIt UltI ~ ~ O'CLOCK to-day, ana trans
| acted the following business:
| Frances Hawkins vs.. John L. Hawkins. Thi
divorce case came up on rule against Hawkini
| to show cause why an attachment should mol
issue against him for violating the courts In
junction, 10 taking possession Of q store at the
corner Of Thirteenth and + streets.
Both parties appeared in court
Mr. Cook read the answer Of Hawkins, Al
showing cause against the rule. Hawkins set
forth that, at the conclusion Of the trial, OF
Monday, ho understood that the injunction
which restrained him from interfering with the
store had been dissolved, and that he was re
mitted to the control Of tho store.
Under this understanding he went TO th,
store on street, In company with @. Harring
ton, Thad. Warner, and his son, and that, al
though OF late mercantile business has boer
transacted there only occasionally yet its F.street
doors were opened One Of these doors he en-.
tered, and found there Mrs. Hawkins and Thomp.
son sitting talking together. lie said, "0ood
evening, Mrs Hawkins; how do you do, madam u
She replied, Don't dare insult me by calling
me Mrs. Hawkins" to which he responded,
The Court has decided that you are Mrs. Haw.
kins." lie then turned to Thompson and or.
dered him to leave tho store, which he did,
Mrs. Hawkins following him, and addressing
Hawkins as she passed out rs "you beastly
drunkard." He called her, saying, MRS. Haw.
kins, 1 want to see you" She paid no attention
to this and went down the street.
Mrs. Hawkins, TO the Court.) lie took me by
the shoulders and put me out.
The Court Tho proof is different.
Mr.. Cook read the testimony Of Warren, Har-
rington, and young Hawkins, sustaining the
statement Of Mr.. Hawkins.
Mrs Hawkins sought to make a statement,
but tho Court said he wanted to hear nothing
from the parties on the subject. They had
counsel who could speak for them.
Some irreoular ant ati n, ,oo 81. A..
between counsel as to the effect Of an appeal
before tho filing Of q supersedeas bond) upon
the status Of the subj ject- matter In controversy
Mr.. Fendall thought that as the appeal was
granted, 1t ipJo Ideio reinstated the dissolved
injunction, and SO left 1t until the decision Of
the appeal.
The opposite counsel doubted this.
The Court held that upon the dissolution Of
tho injunction the party restrained by II was
lett, at once, free to act though no injunction
had been Issued, subject at any time TO be
stopped by the filing Of bond superseding the
judgment Of the Court, and indemnifyng the
party against whom tho appeal is taken from all
loss by reason of It.
Mr.. Cook suggested that tho lease Of the
premises on street was to Mr.. Hawkins, and
the injunction related only to tho goods In the
storei ho could thus even under the injunc on
take possession Of the store and require the
other party to remove the goods.
The court hoped that this branch of the mat.
ter would bo settled at once as he did not want
to be bothered with the case again.
An order was entered dissolying the rule
against Hawkins without costs.
3o2 Patrick A. Byrne vs.. Henry s. Davis
| This is the case which came over from yesterday
and Is for the recovery Of money paid as usury
Mr.. Davidge argued that commercial pape
made bona fde was as much an object Of sale al
house, and that whatever may have been tn
ron oh at0 h.. Ia - IL
till is estoppcd by his own act from cousiderin,
them other than lone fde commercial paper, AM
he was not In position to ask the assistance o
| q court Of equity.
The act Of limitations, too, applied to q con
siderable portion OF the claim Of the plaintiff; t,
oil those items Of payment not made within
three years. 1t was. a plain rule Of law that tn,
lender Of money was entitled to extra oompensa
tion for tho hazard Of loss involved In severa
species OF borrowing, as in annuities, bonds dc
pendent on the safe arrival Of ships In port, 10.
so that the law did not look with absolute dis
favor upon every operation in which the lcnde
obtained more profit on his money than six nc
cent. per aunum. In cases like the one in cour
% where the borrower made settlement, that wi
: an equitable bar to oil claim for money paid fC
usury, for the borrower might have paid Il
Z money into court. and contested the right
/ exact it then By his settlement he settle
everything connected with the transaction.
Mr.. Phillips, In reply, argued that plainti
having paid the amount for which he sues, whe
In the power of the creditor, the circumstance
surrounding the settlement constituted of them
selves sufficient duress to prevent that settle
ment from being set upon as a bar to his presen
claim.
Before the conclusion of the argument Of Mr.
Phillips, at the suggestion of the court, the cas-,
was ordered to be certified to the court In gon
eral term, to be heard anew, In order that tn,
opinions of all the judges might be consulted ii
| to the points Of law involved therein.
40. George W. briggs vs. Bettie J. briggs
Action for divorce and alimony. The plaintiff I
counsel filed an application asking for a rostric
tion Of the amount of alimony allowed defendant
$50 per month. Tho plaintiff sets forth that h,
is n clerk under the Government, at a salary o.
S95 per month, and cannot afford, In view Of the
demands upon him, to spare SO large q sum. II
appearing that a similar application had been
refused by the court previously, it was again re.
! fused
1915, John W, P Myers vs. Jane G. Myers ct
Gl Action for sale Of real estate. Order ap,
pointing Jane L. Morgan guardian ad litom
who thereupon filed answers of infant defendants
Fanny ]. and Mary C Myers.
1913. Salisbury Green ct ux., VS.. William Har.
ris. Action for sale Of real estate. Decree en-.
tered appointing F. W, Jones trustee to sell.
20, Edward Owen, James Kahoe. ct al. VS. FL.
len Kelly. Decree entered directing trustee tC
pay complainauts S36j.6l.
604 Jesse W. Foil, ct al, VS.. James Bowling,
BENZ Kidd, W. ID. Baltzell, d. +. Mackall, et
al. Trustees made report on 30th, and to day
order for ratification Of report, and rule to show
cause against several defendants was entered.
The court then adjourned until this morning
at 10 o'clock.
CRIMINAL CoURT-JUNE TERM-Chiet
Justice Carter,-Upon the request of General
| VIM. II. Emory, commanding garrison Of Wash
| ington, the court directed the discharge from
jail, and surrender into tho hands OF the guard
deputed to receive him by Gen. Emory, Of one
VIM. J. Davis, who was committed to Jail on the
9th Of May last by Justice Morscll, charged with
forgery
The communication states that the general
commanding the district of Washington desires
to have Sergeant Davis brought to trial before
the general court martial now in session In this
city, on charges of a very aggravated character
The court directed that he be surrendered to
tho military at o'clock tomorrow morning, 1t
being understood that his trial would take place
at 2 o'clock to-day.