Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-21
THE COUR Is.

CouRT IN GENERAL TKRn-clSsJ Jsstcs
Carter presiding, Associate Justices Ossn, HySs,
Tie argument Of the counsel IN the case Of
Simpson and Eaton vs.. Vim. X. Snow 4 %.
being ended, the Court reserved their decision.
INJUNCTION CASE.
After hitch, before Justice Wylie, as Chan
cellor. the case Of John Altman W.. Charles &.
Huntley came up. This is n motion for an in
partment enioining him from paying over GER
tain money in his hands 10 Huntley, the de-
PENDANT in this suit The money an question is
alleged TO be due TO the firm OF Altman l.
Huntley.
The facts of the case are the~p: February.
1867, the defendant obtained a contract from the
Post Office Department for carrying the mails
and passengers over ronte l5,4l+, an Montana
for $4,000 per annum, for three wears, and on
the Goth OF February articles OF partnership
were entered into TO conduct the staging busi-
ness, from LIST Of July. 1867; stocking the road,
expenses, &c., to be borne equally, share and
share alike; also the same in regard 10 the
profits. The complainant Gays that after he
had entered into this arrange meut, and had
gone TO San Francisco TO purchase articles for
the firm, the defendant sub-let the contract
without his knowledge and consent, and
the original bill was brought TO compel de-
PENDANT to account and TO have the partnership
dissolved, 10 which a demurrer was put in
by defendants Since then certain sum of
money (Sll, 25O) became due TO Huntley from
the Post Office Department, and this bill is
brought TO compel an account, and for a recei-
Yer 10 be appointed by this Court. The general
demurrer 10 this amended bill rectsS the al
legged breach of contract and that b. occurred
prior TO the partnership.
Mr. II. 7. Merrick appeared for the COM
plainant- and Messrs- n. =. Chapman and Smith
Tor defendant.
After the close of Mr.. Merrick's argument
the Court adjourned the further hearing of the
case until 10 O'Clock to- morrow.
To-dog-The case of Nj. Laura Larner VS.
Andrew j. Larner. This case comes up on an
appeal from the decree of the Circuit Court of
the District, passed on 2}d of November. 1867.
appointing Joseph III. Bradley, jr.. guardian TO
Mary Laura and Carrie Spedden I.arner minor
children of the complainant and defendant.
and from the order of the court of same date.
where il was further ordered that the said de-
fendant be restrained and en- Joined from MODEST
ing or in any wise interfering with said COM
plalnant. or with any one of her minor children.
Mr.. Thompson, for the appellant, claims that
this was an Injunction. and if issued without
previous notice to the adverse party or his at
torney of the time and place of moving for the
same, in violation of the act of March 2, 1893.
Justice Wylie held that il was not an in iunc-
ton, but only an interlocutory order in the ma
ture of an injunction: that the Court had the
power of chancery, exercised in the appoint
ment of guardian, and incidental 10 that
power had the right TO issue the said order.
From this decision Mr.. Larner appealed ard
was represented by NJ. Thompson, Esq; de-
PENDANTS by Messrs. Bradley and Appleby. The
Court reserved its decision.
The next case called was that of Margaret A.
Eckels and Lewis CT. Eckels vs.. Catharine Bar
rett ct al. This is an appeal, taken to the Gen
trict to so much of the decree formerly passed
a. dismisses lot 4, in square Sc. The bill states
that Thos. j. Barrett. the husband of Catharine,
in his last illness, furnished John Hazel the
money TO buy said lot with the understanding
and agreement that Hazel should buy IL for the
use and benefit of Thos. j. Barrett, and that
Hazel did buy II with the money furnished,
and in pursuance of said agreement. The an
swer denies the fact: and the court below dis
missed the bill as to the lot a. i'm question. Ii
now comes up on appeal from the court below.
Case still on trial.
ORPHANS COURT, Judge PurceU-AftPr our
report closed in this Court Saturday last. the
following letters of administration were grant
ed: To Clement w. Bennett, on the personal e.
tate of David Larned, Thomas ]. Harding.
Rich. W. Butler, Rachel Sulphine. John Keane.
VIM Van Buskirk, and Andrew johnson. de-
ceased, and gave bond in the sum of 50 ~ in
each.
Hiram u. Leonard was appointed guardian
of the orphan child of Fernando 4. Franker.
deceased; bond $500
Will of Josiah Melvin, deceased, was filed
and. partially proven. and admitted 10 probate,
and his wife, Maria Louisa Melvin. gave bond
in the sum of soc, and was appointed admin
isfratriX c. "A.
TO-dGy.-According to citation issued last
Saturday. William q. Parks appeared and r.
nounced the eXecutorship TO which he was
nominated by the last will and testament of
Barzella G. Belts and prays that letters tesla
mentary be granted 10 some other person.
Equity COURT, Justice Hylie.-To-day. tia
argument in the case of Altman agt Hnisly in
junction case was argued and the injunction
was granted. George w. Riggs was appointed
receiver