The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-10-24


the calendar was begun.
Mr. Merrick. II It should please the Court,
l should be glad to know before proceeding to
call the docket, when 1t will take up the mo.
tion to dismiss the appeal on the docket
against John II. Surratt.
The Chief Justice said that when the case
was reached II would be heard, The court was
now upon the second call Of the docketi as
soon as that was finished, the court would go
Back to the beginning of the calendar, and
then IL could be heard.
miss, and suppose that the court will dispose
Of that before II proceeds to hear the case upon
ia merits, for II the case 10 dismissed, then
of the question. do not believe there 10 any
rule of this court in regard to these prelimin-
fhe Chief Justice We have no rule upon
Mr.. Merrick. We are prepared TO argue our
motion with view to save the time OF the
court.
The Chief Justice intimated that when the
appeal came up, 1t would be heard on its
merits, yet the counsel could present the srgu.
msnt in favor OF the motion to dismiss before
the Court heard the case on appeal.
Mr.. Merrick said that the only reason why
the counsel wanted the motion to be first de-
missed 1t would not be necessary for them to
prepare a brief. He was perfectly satisfied, as
he now understood that after the discussion
upon the motion the counsel would have time
allowed them, II necessary, TO prepare to
argue the appeal.
The case Of SchuehArdt X Wells VS.. Thorn
ton was then called, and MI. Cox made q
statement OF this case for the information Of
the Court. The merits Of this case have been
twice reported In this paper, The Court gave
no decision. but 1t is understood that the ap-
peal has been abandoned.
+ ACQUISITION OF JURISDICTION.
Dawson VS.. Woodward. This case comes
up on certificate and involves the construction
of the law enlarg ing the Jurisdiction OF justices
of the peace in civil actions.
Dawson sues Woodward on assumpsit in
tho Circuit Court for the sum of $50. Wood.
wards counsel files n plea that the Circuit
Court has no Jurisdiction in this case, because
Congress, In comforting upon justices OF the
peace Jurisdiction of cases involving amounts
IS high as 400 dollars, by Implication with
drew the original jurisdiction of the Circuit
Court over sums below that amount. Dawson
| demurred to the plea, avcrring that there was
no such implication to be taken from the act
| OF Congress.
The court sustained the demurrer, and de-
| cided that In the case at law the Circuit Court
possessed original jurisdiction concurrently
kHith justices OF the peHcc. -
VHAT IS A FRAUDULENT cosvEYAScEl-IIES
" OF JUDGMENT, CRRDIToR, etc,
James II. Birdsall VS.. Z. II. Welsh. Appeal
in equity. We reported In these columns last
| december a Circuit Court case, in which Birds
| all recovered from Welsh q verdict for some
ment in room at the Astor House, New
| York, on false barge. Two days previous
TO the rendition Il this verdict, Welsh con-
n as pSE' R'lS saa4s Se
payment of certain notes which he (Welsh)
had made to L. q. rallmidgc, and the same
day conveyed all his real estate In fec to Tall.
midge, who Immediately rcconveycd the said
| real estate to Davis in trust to secure the
notes which Welsh had given him, Tall
| midget
Bifdsall, upon obtaining his execution,
levied 1t upon the ten cases Of tobacco above
mentioned, and Davis, the trustee, replevied
out OF his hands, and upon trial Of the repleyin
tuh iRh IN n N
| the title of Davis VS.. Gooding the jury gave a
verdict for the plaintiff in 5000 This, OF course,
restorcd the ten cases OF tobacco to the con-
| structivc possession OF the trustee ana the
| actual possession of welsh.
| Then Birdsall filed bill In chancery to set
aside the deed of trust to Davis, and the case
was heard before Judge Oln, holding the
| chnncery court, contending that the convey.
anccs and interchange OF notes mentioned
above were not bona .fie, but merely lraudu-
lent contrivanccs to invest Davis with the
| legal title to the real and personal property
| OF Wclch, with view OF placing such prop
| erty beyond the reach OF execution, In the
event that BiFdsall should recover a Judgment
| against him,
Wclch and Talmidgc denied this, asserting
| that the transactions aforementioned were
made in good faith, and In the regular course
OF business. Judge DIN rendered u judgment
setting aside the deed, and Welch appealed to
the court in general term, whence the case
Messrs. Davis and Riddle, for welch, insist
In their brief that BirdsNll the Judgment cred.
itOr, WAS not creditor In contemplation OF
law until after the judgment was rendered
and that the commission oil n tresphss uOet
not create a lien on property from the time o
its commission to the rendition OF a judgment
In the case; and therefore that Birdsall only
| became creditor after the date NJ whIci
Judgment was rendered In his favor. In sup
port OF this view they cite ith Grecnlcai, %
and LIST Hawks, AZ. They likewise call tht
attention of the court to the wcllcstAblished
prlnci pies that q debtor has right in common
law TO prefer one creditor to another, and that
n deed made upon valuable and adequate con
sidcTation which lie actually paid, ana the
change of property is bona .fde, can not be
considered fraudulent.
Darlington and Wilson (contra) maintains
| First That said cOnvcyhncCs are ffaudulcn,
and void, and were intended by said parties to
prevent the said appellee from seiEing SAID
property under execution to satisfy the Judg
ment rendered in favor of appellee in saide
suit, and to hinder, cmbarrass and delay hin
In recovering tho amount due him by virtue
Of said judgment. Second. That whenA clat n
Is founded either on contract or on tort, fol
example, " in an action Of Islander, the plain
TIM from the time the action is begun, Is so
far creditor ms to be able TO avoid convey.
anccs made with intent to defraud him"
American Leading Gases, y. ~. Is Johnson,
AS. I Bib, los. Third. That 1t appears
by reference to the pleadings, and papers
iled in this case, upon the spIe,iiianrs own
tween the said Wclch and Tallmlge
50 far from WEIGH being indebted to Tall
mldge, there was a balance In WeIch's favor
ssry and complicated arrangement which they
made was obviously intended to defraud ap.
pellce, AS aforesaid. Fourth. That the real
and personal property is amply sufficient to
satisfy said Judgment, aud leave balance sur.
hcielt to pay whatever may be due the said
Tallmidge, and the claims OF all other credit
OTIS of the said WelUh 80 far as appears from
the peadngs and papers in this cause, and
that court OF chsncery therefore will re-
quIre said property, or so much thereof rs may
be necessary, to be sold, and the proceeds of
| sale to be applied to the satisfaction Of said
judgment and the Just claims of all the cred
itoFs OF said Welch properly brought before
the court, according to the rules OF law and
| equity.
Before the conclusion of the argument the
| court adjourned, =
EQriTY CoURT-JudJS Olin.-Ths court
| made the following orders yesterday:
| J. &. Mcclure Va. John L. Coylc ct al,
| Decree to set aside deed of release and restore
J, O. Mcclure and W. II. Ward to their rights
| under the original deed.
| Gore We. Snyder. Reference to auditor to
ascertain value of land and improvements be-
longing TO the estate OF John II. Snyder, de-
| ceased
Ernest LociIler VS.. John Hockcmeyer. APP
plicatiOn for njunc tioG.to prevent waste IN real
| estate by tearing down a brewery, bowling
alley, sc, situated near the junction OF New
| Metropolitan Joint stock Brewery Company.
Order Tor issue Of injunction, with liberty for
| the defendant to move for Its dissolution, upon
notice at any time after the filing Of his
| answer,
| AdiOuFnel