Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-05-13
THE COURTS.

CoURr IN GENERAL TRRN.-To-day, the case
Of Kennedy, receiver agt- Clsgett, administrs.
tor, was called-Mr. Msrrick for plaintiff, and
Mr. Davidge for defendant. This IL a proceed
ing to enforce the individual liability OF stock
holder of the Merchants National Bank of
Washington. ID. c., under the national curren-
cy act. At the time of the failure of the bank,
4th Of May, 1865, Chas. W. BoteIer, the defend
ants interstate, was a stakeholder to the extent
of 1O9 shares. az claimed by the plaintiff. On the
Sth of May, the plaintiff was appointed receiver,
and on the 10Th of March, 1870, the controller
ascertained, after an examins alton of the ac
counts of the bank, that it would be necessary
TO enforce the individual 'iabilityo of the stock
holders 20 its fullest extent under the law, aud
directed the receiver to institute proceedings
died in the meantime intestate, this suit
was instituted against his administrator.
The declaration alleges that the defendants
in'estate was, on the 4th day of May, 1896, the
owner OF 100 shares of the capital stock OF the
bank; that said bank suspended payment on the
ith day OF May, 1866; that the plaintiff, on the
sth day OF May, was appointed ana on the llth
10th of March, 1870, the Comptroller of the
Currency ascertained, adjudged and determined
that the assets OF the bank were insufficient to
pay its debts, and that, for the purpose of pay
ing said debts IL was necessary to enforce the
individual liability of the stockholders under the
18th section of the currency act, and directed
he plaintih to proceed to enforce the sams,
that he made demand on defendant as admin
istratOr, ard payment was refused. The de-
PENDANT plead the general issue, Limitation, and
plaintiff Joined issue all except the last plea,
10 which he replied that no norice of proceed
ings IN bankruptcy was served on plaintiff nor
the United States The defendant demurrsd
and alleged that the discharge in bankruptcy
was not avoided by reason of the alleged want
Of service of notice. Issue having been Joined
on the demurrer the case was certified up.
CIRCUIT COURT. Judge Mrclrtkur.-To-day
the May tenn of this court was convened and
the Jurors having been called, the following
were excused: solomon Slower, W. G. Metze-
rott, j. II. Daniels. judgments by default were
taken in the following cases Love agt
Mccarthy, 1.-TWO cases;) same agt. Upperman
Raymond & Co. agt. Harvey & Mari; First
National Bank OF Richmond sgt. Acker; Matthew
agt. Mccarthy; Lockwood agt. Browne; same
agt. Falconer; Kitch agt. Coburn; Waters agt.
Harvey; Daniel agt. Holden s. Ford; Browne
agt Shea; johnson, Burns * Co. agt. Hubbell;
Simpson agt barrow; Newcomb agt. Thompson;
We'll Bro. " Co. agt Strauss and Gutnlan; Hail
y Garrison agt. Curry. Given agt Rooster ct
al; placed on calender. Moxan agt. Moffatt;
motion TO reinstate on calender. ESberg agt.
Schmidt and Koch agt. same; motions to dis
charge attachments. johnson agt. Harmon;
motion To vacate iupgment and reinstate case
Rhinehard agt. Hughes; motion to refer filed.
POLICE COURT, Judge SneH.-To-day, G.. w
sanford was charged with refusing to assist
Cfheer Daily in making an arrest when called
npon 10 do so, and fined So. A. j.
McBIair, who was charged with having been
clsorderly and profane in Georgetown, forfeit
ed Lis cOllateral-S5 j. Van Solver charged
with refusing to assist an officer when called
upon, was fined 50. Benjamin +. Oiiphant tor
cursing and drunk on Maryland avenue, plead
ed guilty; fined 50. Mary WEIGH, an old street
and alley ranger, was arrested by Off :er Brels-
tcTd mad drunk in Louise alley; workhouse
Sally Fitzgerald, drunk and disorderly on +
street; fined S5. Mary Scott, drunk and pro-
fame in Kiley's alley; fined IS. John waliing
discTderly in Georgetown, forfeited his cOliate-
raj; fined So. ThOs. Hawkins colored charged
IN the warrant, which was made out by Attor-
ney n. III. Miller, esq, with being profane
pleaded not guilty; fined So Patrick Conner
disolderly and pro!ane in the county, fined S.
Emnla Gilmore, prOfane and drunk; fined S.
hicL ael Sunday, assault and battery on officer
Reeves, who was trying to arrest him, was fined
500, or go TO jail for three months. John
Gales, charged with the larceny of a saddle of
lamb, pleaded guilty, and was fined SIS. Chas.
Edwards, assault and battery on Geo. w. Oar.
rel, pleaded guilty, and was fined 3. James
Wheatley, assault on Christopher C.. Thomp-
son; fined 80. Ellen Gallagher, charged witt
stealing various articles of dress pleaded gull.
~, and was fined 80, or thirty DAYS in iail
George Curtis, colOred, charged with assault on
Martha Curtis, his wife, by striking her and
drawing a razor on her. 1t was proved that
Martha struck the first blow, and the Judge lie.
him off with 50 fine. Joseph Williams assault
on Mary Jane Haley; fined $40. James c. S.
clark, assault on George Servis, both colored
1t was shown that it was free fight and the
participants about equal in size and strength
assault and battery on Henrietta Fischer; fined
81. Peter Ross, assault on Thomas Knowles;
fnedS So.