The national Republican., 1868-02-01


Sur8EME CouRT or THE DISTRICT or CoLuM
BtA.-All the Justice sat IN bdne yesterday.
Julihn VS.. Mattingly ct al Brent 4 Phillips
Bradley. Appeal from the judgment OF the
NJ l.. Juiihn brings his bill to restrain the dc.
iendants from disposing Of a stock Of goods al
street, and to have receiver appointed for the
same.
1t appears, by bill and answer upon which the
of the firm OF Juiihn h Rowland, and agreed, as
part Of the payment thereof to pay the copart.
paid was some t2,Ioo only. Julihn agreed, at the
same time, not to carry on the business Of an
a.pothecsry in the seventh ward. Mrs. Rowland
then proceeded to carry OH the business OF buying
and selling as usual, and paid some 800 OF the
debtsj while Julihn II iE alleged, went into busi-
ness In the same ward as tie clerk Of his brother.
Rowland has no right to uie the proceeds of the
old stock to buy new stock until she has paid the
stop Mrs. Rowland from selling the goods OF the
late firm and to appoint a receiver to take charge
OF and settle up Mrs. Rowand's business.
TINS, and the case comes hence on appeal there
FROM.
Counsel for appellant argued that the sale
OF the stock In question vas but in fact the sale
Of such surplus as shouh remain after the pay
ment OF the co-partnersaip debts, and that the
purchase of new stock BY Mrs. Rowland out Of
the proceeds OF the buslhess done upon the old
mained unpaid was A co,yersion of tho stock IN
her private & SsS n SSlst Of her contract
of the npne,innt,s con uns sSe upon 'he argument
The Chief Justice held hat no just intcrpreta-
tion OF the contract woull forbid Mrs. Rowland
from carrying on tho new business, just as Jelihn
7. Rowland carried on ths old business, buying,
selling and making profit all on the basis OF the
old ;tock in trade, dispcsng Of and renewing the
stock and paying the debts In turn, Just as the
old arm would have dine. Any other view
would be to deprive Mrs. Rowland of the just
ssue M OF her pu,ehnse aad STOP the very bnsi,
.ss ness i9r ' which & she had Jaid her money. Had
mras,nn .1n H. o,.n ,.p pIoo' tnt mrs. hVWihhu hnu
a,,sits ~ ~ p,Visseus " ~ s'ock 70 chhnhcIs
III. h,,, ne ., uuess, tne Sourt couiu grant re-
Wonrt G", nst ,mve Wns no sucnprooi mere, anu the
Sa,ury must anifm inc aaree OF the court
oeIow; jost,.o w,,,. n,,., n. :, ,,o Maui v,r,
& sus@ise @ wyhe noteu maj IN inc New YORK
ease asa reIisa on oy me eouniul the assignee re-
n cea 10 bny tne deot, ant threatened to sell the
cnso i"o'o ""s no'hhBo o' 'he h'hu III 'his
case, s,,uo MT, ..,,,,,.n ,t.,..,,o l., 49,,
..as . In H., snu mat tnc uIs,ncnon IN these
81 creIitors anI "m aio III Inc penen, @
1sPfs; Tbs dccroo ,,,ow wa. ,,,rm., an, ,,o o,..
remanSeS decree 'e'ow was "i'rme"' ana the case
z (Ihristian worcb ~ V,,,n Kei,y n MI ,vif.
SchmiS, nua,I NJ ;ron mnhn IN ,eynt mey nna ", e.
Chief Justice In Tic circuit sourf Reiiy and wife
rented . house q wSfch, Horch brought suit
and wife, and Judgment Wa, riycn a%ainst botb
husband and wife, Kelly appealed from the ius.
tice's Judgment, and the C}cuit Court reversed
the decision of the justicc!nnd Worch then an
peaied 10 thi5 eourt " W.
Judge Olin said that from the foundation of
co nmon law the jolndcr OF two parties AZ Joint
deO.o.s, when In fact one cf them was not In
deb. ed, had been fatal misjoinder and, as in
this instance, the debt was solely that OF tho
husband, A judgment against husband and wife
below was unanimously Sustained, several oftho
JUDGES, however, expressing the wish that in
IA, Sies might he dronnedtn tbe nrorress ~ tbc
suit W. .thout prejudIcing he current progress of
the suit.
Harley VS.. Hyde. SWAIN & Riddle, Bradley. :
Appeal from the iudgmef of the court before
d Smlssing bill filed to ST aside a deed made by