, 1872-12-31
THE LAW COURTS.
NOTES OF INTEREST.

4 yerv Important although brief, railroad
decision. WAS delivered by Judge Farwe1, yester-
day. in the cause, Mason '. The Chicago, Colum-
bus j. Indiana Central Railroad Company 1or
perpetual injunction restraining the use OF Car
roll street, between Clinton and Canal streets.
The case may be thus stated: The railroad IN
QUESTION, together with the Chicago, Danvllle d
Yincennes Railroad, the Chicago, milwaukee,
st. Paul Railroad, and tho Pittsburgh, Cncln-
natl and St. Louis Railroad. are constructing q
line by which they can como into the city from
common junction, by way OF Carron street TO
Cann1 streat, and thenca by the tracks already |
laid, to tho depot Madison street |
| commonly known as tie Pittsburgh Fort
| Wayno depot. To effect this, the Company,
through its solicitor, Mr.. Walker, has already !
expended upwards Of $500, 900 in the purchase
| outright Of lands on the West Side. They de-
sire to erect on Carroll street way depot. The
tenants Of the Company, On Carroll street, VINO
are the plaintiffs in this suit whilst occupying @
pG1 pf Gsnd Street, and thoy hold that BY the pro-
posed line their property will be blocked up
sa rendered fSsF eoansei %seei' relied On fhs
last ordinance, the Eminent Domain sot,
! where it was provided, ccording to their read.
ing, that railway company using any street
should be considered bound BY the act OF 9ne hs
|
formally condemned all the property on it ana
taken it for thoir purposes. His Honor WAS OF
opinion that recent decisions Of the Supreme
Court had settled that there is no damage IN ne
authorities, and on that ground he dissolved the
Temporary injunction restraining the Company
from the use OF Carroll street, between Clinton
and Canal tSs" nraved for an appeal
9b IN These courts for somo time to grant appeals
and ae an appeal holds temporary injunction
in force until the decision OF the nlgner 1ouls
. thereon {as in the case of Otto PeltZer, where
the bill for perpetual injunction Was dismissed,
: but an appeal being granted the temporary in
junction already issued remained, the decision
Of the Judge on this point was looked tor wv WITH
a few words, declining to grant an appeal, con-
] eidering the Supreme Court decisions so conclu-
eiye that any other course is not necessary there
!. being no doubt vhnteyer az to the propriety OF
.. .. +ho dismissal of the bill. The railroad will now
i | bo ut once proceeded With. Had the temporary
a iniunction not been obtained, the connection
r with the Madison street depot would have beer
d completed by New Years Day.
n Messrs. Burton Brothers l. Co., Of Erie, Pa.
# sue Benjamin Holbrook, coal merchant, OF TIL:
/ city, in assumpsit, for $780, 00o being on con
g tract to ship the whole Of the plaintiff
J. coal to the defendant, the value to be calculated
t., on the Buffalo price lists and freight lists, AM
70 coal sold out Of his dock, paying out OF tina
lr commission the cost of screening, docking, an
II delivering, and charging against the coal De
Il livered, lake freights, hosting, and such uk
9e charges, keeping proper books Of account, an
ID making advance payments, proportionate to tn
in quantity shipped and current prices. Plaintiff
charge that tic defendant has failed in his pal
N Of the contract and cla IS matter a o. tofm nd
is tons. or 100000. Besides the commissio
SO named. defendant Was entitled to SO per cont o
~ the let proceeds.
y J.W. Hcdenberg answers to the bill Of J.
Nichols and n. T. Fitch, for dissolution Of par
~ nership that the books show there has been I
a profit but he does not admit that no profit can
ri made, and he is willing that an account oe taKe
to and the partnership equitahly dissolved; +
~ also files cross-bll, in which he goes into II
-. 49, transactions Of the firm, showing the blame,
bee any, OF matters not going quite so pleasantly
IN IN parties would have desired, was not alto8eth
hn distributable rs the original bill might lead o.
hi to suppose.
Is Argument took place before Judge Drummon
're yesterday, on the demurrer contained N pals
nd creditors praying for his removal. The groul
icy taken bv Mr Smith, for the demurrer, was th
90 the reyisory petition introduced new cause, tt
is to say matter not J. II Raa sn0 oot
sci petent for the petitioners to take: Mr. Coop
sol sustained the validity OF the reysory pet1tie
his aud after brief arguments, Ills Honor took
i'd matter under adyiaement.
ing ao3;rornd ano h;s dccsion IN tho points argued
at both sides on the exceptions to the answer
OF the bill, and to the report Of the Master Of
Ivy coptions. These exceptions, and the conte1
'as w of the Masters report referred to-. we're p'
.3 er- lished in this column at the time OF argume
the the His Honor disallowed exceptions 8, 10, and
e tes and allowed the others.
the In the suit, Wentworth =. the Town OF I 30
do which was recently summarized in this co!ur
ace motion Was yesterday made to dissolve the
,ar- junction. Els Honor. judge Williams. BET