The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-21

CIRCUIT CouRT-Judgc Fishcr.-Ths court
transacted the following business Saturday;
CONTAGIOUS CASE.

| 4 CONTRACTORS CASE,
hngh hughes w. Esehhack. This case comes
| into court At this time on motion by the dc
PENDANTS counsel, Mr.. II. i Brent, 10 qunsl
| an attachment laid on moneys or cfcdita dt q
Eschbaok In the hands Of the Corporation OF
The plaintiff is q sub contractor for the de.
livery OF stone, &c., to the defendant, who ia
contractor with the Corporation OF Wash.
ington for paving and grading streets The
plaintiff claims that the defendant is indebted
to him in the sum Of tlO, 900, and as the defend.
| ant has moneys due him from tho city, the
plaintiff attaches these moneys to secure tho
payment Of his debt.
The mode in which the contractors for nav.
| Ing In this city are paid is a. follows Upon A
settlement Of the contractors accounts tho
| Register OF the city Issues him certificates do
| mating the amount due him out of each 10,
fronting on the streets he has graded and
paved. These certificates are now ready to be
delivered to Mr.. Eschback, but Mr.. Hughes
by the service Of an attachment, stops them
| In the possession Of the city officials, and re
gurcs them to remain there until the suit Of
Mr.. Hughes against EsChblCk is determined
But Mr. Brent now comes into court, and
moves 10 quash, or make void, the attachment,
and leave Mr.. Eschhack free TO draw from tho
Register these certificates Of money due.
MIR. u. bases his motion on these grounds:
lst that the bond on which the attachment
was sued out was not in fact, approved by
the clerk in person, but by one Of his dcpu-
ties, who the court decided, few days since,
had no authority to make such approval; 81,
that an attachment cFnnOt be sued out against
money in the hands of municipal corpora
ton due to its contractors, because 1t had
nOmc OF the attributes Of sovereignty; Sd, be-
cause tho affidavit WAS not In the form, aud
did not set out what the law requires.
Mr.. N. Wilson argues that the approval OF
the bond was properly made. He held that
whenever n corporation could be sued, then ii
was liable. to be .garnisheed, aud to have
moneys attached in their hands, and that
whatcycr errors might have been In the afil-
iAvit, had been, or might be, amended so as
10 leave nothing In that point OF Mr. Brcnt's
argument. BcsidcH, it was too late to object.
Tho Court took the papers, and held tho
case under advisemcnt.
LlpEL SUIT.
N. Bliss va. Snow Coylc. In this case,
judgment by default for t2O 900 was entered
against the defendants, proprietors OF the sun
day HCrdht, for want of appearance. The suit
In which this judgment Is entered IL brought
by the CITY surveyor for an alleged libellOus
publication made in the Hcrdd some weeks
since. Tho Judgment so far, is merely formal,
and may he set aside upon the Appearance OF
the defendants by counsel, and proper cause
therefor shown 10 court.
]. Thompson OH va. Gustav II. Julihn.
Judgment confessed upon terms agreed upon
by counsel.
Patrick Quinn va. Margaret Borland
judgment by default,
J. j. JOhnson, Washington CITY Orphan
Asylum Va. James McShcrry. Judgment by
default.
J. !. Johnson vs. Richwcll. Judgment con.
fcsscd Tor ~ 800 with interest.
LCHfOurcades, Bro. y Irwin vs.. James T.
Walkcr-Mattinrly.
Bustrrd Va. LUid, continued.
commission of insanity in the case Of
VIM. Il. EdCs, returned him to be a luuatic.
CASKS FOR MONDAY.
The following cases we've assigned for Mon.
day, and the Court announced its intention to
dispose OF them on that day: Nos lG7, 2O7, 2si,
800, Sol, ll0, and 100.
THIS court held u short session on Saturday,
transacting the following business:
John DOwnoy appellant, vs., Lawrence Wren
appellee. Appeal from the judgment OF JUS
ticc John II. Goddard In Al action brought by
Wren to recover from DUwucy the possession
OF part of y lot On South q street, alleging
DOwncy's fOrciblc entrance thereon. DowRcy
plead title, but the justice gave Judgment
against him, whcreupon he appealed 10 the
Circuit Court. TN the consideration Of the
case, which In nothing differed from the hear
lug below, Judge Fisher affirmed the decision
OF the justice.
Harriet l.. COntCc w. j. q. kcuncdy, Re-
ccIyer. Mcrriek-Norris. This Is AL action
Of trpVCr Dr u bond OF $1,000 with forty cOu.
pons inr interest attached, igsucd hy the city
Of Covington, which Mrs. Coutcc claims is her
proncrty, and which las come into the pos
session Of Mr.; Kennedy, the defendant, Ss re-
ceivor of tho Merchants National Rank, with
notice that u belongs tu her.
The case was, by consent. referred for al.
JulcatiOn To Joseph II. bradley, csl.
The evidence showed that this bond, with
others, was placed in the custody Of Leonard
Huyck as collateral security for n loan to the
plaintiff, and that though the debt due Huyck
was paid in full, the bond was not returned,
aud was, at the failure oG the Merchants Ma
ttonAl Bank, found In the vaults of that insti-
tuition, adl there taken into pusscssiuu hy
Mi. Kennedy, the receiver, NJ part uf the AZ
sets Of the hank. There hciug no cl iLrncc to
show that Mr.. lIuyck had ever passed to tue
bank any property in the bond, Mr. bradley,
the referee, gave AT award for the plainttn In
el,VDO aud interest; aud Ivy consent the award
Of til, referee WAS affirmed and llual Judgment
ordered 10 he entered thereon.
Hopkins Il CO., VI. kuppel. Motion 10 strike
out judgment OycTTulCd.
brown vs.. Pitcher, continued.
adjourned IL