Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-01
THE C0uRTg.

SuPRKu COURT OF THE DISTRICT IN G Ry-
ERAL TERN, CAiJ Jssssee Carter presi5isg; 40
soctate Justices OltS, Wylte and Fsher.-Yester-
day, after our report closed, the Court am -lned
the opinion Of the court below in the cIse of
Juhlin against Mattingly, refusing 70 grant an
injunction and receiver and remanding the
cause to the court below.
Mr.. N. Wilson. of the committee appointed
70 inquire into the qualifications Of Mr.. Edwin
L. Stanton for admission to the bar, reported
favorably, and II was ordered by the Court that
be be admitted on taking the oath prescribed.
Christian Worch vs.. William Kelly and wife;
T. Schmidt for the plaintiff Squire Boswell,
IN case for arrears OF rent, joined husband and
wife in the writ, and rendered judgment against
the defendants. Defendants appealed 70 the
Circuit Court on account of misloinder of par.
ties The judgment was set aside. The case
was certified TO this Court and the Judgment Of
the Circuit Court was sustained.
Smith Harley vs.. X. A. Hyde ct al; Swan and
Riddle for plaintiff, Bradley for defendant.
This is a creditors bill To enforce a Judgment
rendered January 10. 1872, against the real es-
tate OF the Judgment debtor, alleged TO be fraud
ulently conveyed TO his sons, and subject to the
lien OF said Judgment. The plaintiff contends,
first, that the facts set up in the bill constitute
fraud, Notwithstanding the answers: second.
the trust deed 10 q. p. Wanna1l. Esq, and ac-
knowledged before him, is for that reason void;
third, that said iudgTnent-at- law was a lien on
lot No. 10, mentioned in the bill. and can be
forced against the same in The hands of j. f..
Hyde. The defendants contend that certain
conveyances, said to have been made with the
r purpose of hinGering, delaying and defraudiBg
the creditors of Richard A. Hyde We're bona
kde transactions; that they have made the de-
PENDANT all the parties 10 those conveyances;
and as TO that branch of the plaintiffs bill that
seeks an account of partnership between Har-
ley and X. A Hyde has been ans wereti, and
proposes 10 submit 10 an account, if the iudg.
ment shall be opened and brought into it, He
alleges that he (defendanD is DESTROYS to obtain
an ai Judgment of all accounts with COMPLAIN.
ants. admitting that it will bring him in debt TO
said complainant 500.
Of I'm.
discovery TO the matters set out in the inter.
rogatories; hence the answers to these interrog-
atories are evidence, Notwithstanding the gen.
eral replication. The defendants contend that
the further prayers in compliments bill. 10
have the conveyances TO j. l.. Hyde cancelled,
and equitable interests in other property sold
10 pay the balance due on Judgment.
7O-ddy.-Harley VS.. Hyde was resumed, and
the argument continued by Bradley and Riddle
Mr.. Bradley, for defendant, contentied princi-
pally that in this land, which was sought to be
taken on this Judgment at law by plaintiff,
Harley, the defendant (Hyde) had only an
equitable interest, which could only b. tlken
by bill in equity to enforce il; and quoted va
rions authorities to show that only property in
which the debtor has legal interest can be
taken on execution Mr. Riddle followed, and
still commended that this transfer of property
from X. A. Hyde 10 his son was made without
any consideration, and is consequently strong
evidence of fraud; also, that this Judgment was
a lien upon the equitable state of the debtor.
without reference to the statute of 1910. Court
reserved its decision.
German vs.. Mayor and Corporation of
Washington; continued until next term.
CIRCUIT COURT, Justice Hyie.-C Carroll at al
W. Baltimore and Ohio Railroad: defendants
moved for new trial. which was overruled
They then moved for arrest of Judgment: also
oyerrnled, and Judgment was ordered TO be en-
tered on The verdict. An appeal taken in both
cases.
ORPHANS CorET, Judge P1IceU.-The third
and final account of VIM f. Roberts, admins
traitor of Ann Roberts, deceased; and first and
final account of Robert X. Pywell and Attwell
Cowling, executors of Richard Gudgn, de-
ceased; and seco nd and final account of Zepha-
riah Jones, guardian TO Richard l.. Jones. or
phan of Richard ]. Jones, deceased We're ap-
proved and passed
The last will and testament of Manning Had
ley. HERETOFORE filed, fully proven.
In Estate Of Jacob Low enthal; citation
against John Il. Hutchinson. executor, to ap-
pear and amend inventory. Case postponed
until Saturday February 18th, for final hearing
with consent of all parties.