The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-10-10
THE COVKfN.

EQUIry CouRr-Judge Wylie.-Yester
day the Equity Court resumed session al the CITY
Hall Al 10 o'clock, q N, pursuant TO adjournmsnt.
and trsasseted the following busiaessi
mell. Green and 0ooding.
This Is an application for an injunction to rss rail-
Marshal ooodns from selling certain goods Of the 10
surety upon repisvin bond Of Jas n wsshipeton, II
appeared that the plaintiff elaimsd 70 have IA eouita
BILE bar against being held responsible surety "a
or @ @ S q Psss "a. s si% no
Baker for complainant; N. n. Miller and W.
Leeski for defendant.
The Court sad that II seemed that the parties sup
posed they had the .uthorty Of an act Of Congros,
for procsedlbg TO make levy against the surety IN
this case without giving him "a day in court q
bs heard upon hi. right. y wouh take the respon
Of the ease, no man shall DO boatd By . Judgment
uols's he is made party to the suit.
The Injunction was granted as prayed for until the
No. T4e. Il. J. Walker vs. Bank Of the Metropolis
and No. Ne walker vs. Richard smith,
These actions being both, In fad, suits BY Hon 4
Of this city, the issues therein wee BY
and both cases heard together. X. J. Walker and
Son for plaintf Ashford Jones and Cox for the Dc.
The cases grew out Of two dafts in Isss-ope Of
$1,000 and the other Of u, 90c-whieh the plaintiff
alleges 10 have been accommodation paper, but which
ne bank asserts 70 have been use Of the p.u
In Mississippi. Mr. Walker insihsd that such Judg
ments were obtained without sfal notice 10 the
proper parties, and that he -m neither iesaliy nor
morally bound therefor; bu', Ia order to settle the
debt OF 5000, he was willing either 10 submit 10
arbitration the question Of his repos siblty there
for or pay $3.50 within one var, giving personal
security or depoatlpg requisite collateral for the
pay mont Of that sum within thaitimo.
The latter alternative Of the ppposed compromise
was accepted BY the bank, ant M,walker forwarded
shares In the Illinois And wiseondn Land Company,
OF tho yAlue of as 900 collAaral ha
stock should not be considered sufficient that II
should be retained to him. Mr., hnith shortly after
considered sunloient BY the trustees OF the bank Al.
forwards, upon the guarantee Of his stock by Hon.
Nj. hscey Of Wisconsin, M. Smith, cashier Of the
bank, said he thought the collst.nl safe ent surety
bot the matter was never formally adjusted nor was
the o. 500 ever paid. In the meanwhile Macy died,
and the said company stock depneisted. Upon the
organization Of the Metropolltaa Satonsl Bank, tho
asets Of the Bank OF Metropolis we're assigned to It,
and included these debts The Metropolitan Bank
brought suit on the Mississippi Judgment for g. OcO
In Its own name, and upon the drft Of o. 900 In the
name Of Its nominal holder. RlehHd Smith, eco on
10th Of which, there being no desnes made, jujg.
ment was recovered 10 This Disrit, In Ma cb 1896
aud theIeupon execution was loud. As to the debt
Of u, 900, there Is no other disute than upon
tender thereof alleged on the one ide AID dsn,d on
the other.
The bill Of the plaintiff AYERS that the Judgments
the Bank Of the Metropolis was at q corporation
capable Of suing In the courts, an that It's Assgu.
meat OF these debts to its ies tiHts successor The
so called Metropolitan Nat onAl B,nk was i'm roper
and fraud upon the acts u Consss
The bill asks I'M auction to refrain the levy Of
execution, aud the setting aside Of he and
the roopening Of the case In equity
The answer AYERS that the compromise on o., $50
was conditional, and was never mhe effective by the
cUmplIspce OF the complainant with its co additions
II denies that either bank Is Illegal Institution or
that all the a,s gumen,s this cAe I'VE not been
made By proper parties, and 10 pop. manner.
The court sometime since grsats, temporary In
Junction to the levy Of the eSee ilo aud the case
now comes on TO bs heard upon mixing the ibjune
ton permanent and setting aside tie judg moot.
Mr.. Walker, jr quotei a large amber Of authori-
ties a. fvorng the opinion that de Court should set
tioual Metro olltan Bank had MT been properly
organized under the act Of Juae3,ls64
The Court said that tho question 4 wAe hSr q bank
had obi lined Its charter properly, & whether It had
forfeited It, could not be ajjud,atsd upon col.
laterally. To raise that question there must be n
proceeding directly pacing the validity OF the char
ter Of the oink 10 Issue.
Mr.. Walker then proceeded to arue that, Amt.
ting the chatter to be proper tho bnt had right
uoGer tn, ct Of Congress, to take tie assis OF
= Judgment
The -se was then adj burned unit to morrow.
The Court also directed the entryof DEGREES, &c,
In quits now at itsue, as follows:
II 3. Dorr VS. sm tn. Dec co VS. made In this
case dism ssipg the Ilsintf's Ill.
1883 IN rs. Thu CstIts Of WIN Holmsad. The
Court entered An order approving ts order Of the
Orphans COD authorizing lie the real estate
otiufapt htirs, being private rosdIsy.
At clock the Court a Jjurn cd III this morning.