, 1873-04-24
Tho South Park Commissioners Form
ally Enjoinc4 from Creating
a Lien OIL Unpail-lor
Property.
singularly Brutal Case on
Trial In the Cri1ai-
nal Court.
Interesting Decision es to tho Return
Of Moneys Paid to Bunk
rupts in Error.
The County Building Contract Row Gets
Into Court--Two Heavy Suits
Commenced.
ESportant Decision on Mote---The
Trier School War--.Motes from
al the Courte.

In reading tho order, tho Court uloro]y ochood
the language already reported. lIo explained
that tho form Of tho order was not oxactly III |
the shape such orderB usually woro. 1t was Gus. |
tomary for tue defcndaut to put in IN answer,
but In this cato the defendant had put IN o do |
snurror to tho bsl md tho order, porhapa, won't
further than the order that technically
ought to be mado upon The Do
1nurrer, The proper ordor would bo to
sustain or ovorrule tho demurrer: but tho plain
tiff asked for an injunction, md that question
was Incorporated moro or lees with nearly MI the
nlegations Of tho bill, md aondorcd it necessary
for tho Court to 1na1so m ordor deciding ouch
question, as far as it concerned tho equity OF tho
Bill, at tho snmo tilno using such language no
would loayo tho counscl for tho plaintiff free to
adopt 1t or not. Tho Court particularly referred
30 that portion Of tho order that gave tho plain
tiff leayo to nlnend lis bill. He said IN Bomo
sospccts 1t appeared to tho Court that tho blll
should be amended, although gonorally 1t might
be sustained. I1o Court tlon read tho follow
Ing order:
The Court, now,bolng sufficiently advised upon
tho demurrer to tic bill heretofore argued in
this case, oyorrulcs tho demurrer, and It is Or
derod by the Court tlat tho defendants forthwith
brocood with all convenient speed to institute
proceedings in tho Courts OF the State to cause
Tho property Of tho Plaintiffs mentioned in tho
bill to bo condomned, according to law, for tho
PURPOSE rot forth in tho actB Of the Legislature
referred to in tho bill, lnloss tho Bame shall bo
acquired by consent Of the plaintiff; and it is
further ordered that, until tho aaid property Is
takon in conformity Of lnw, or acquired by con-
aent Of plaintiff, tho defendants be restrained
from interfering in my way with tho Bamo,
Or tho rights Of tho plaintiff thoroto. And
It is further ordorcd that tho plaintiff
II 10 10 elect may hayo leayo to ainonl Ills bill,
with tho privilege to rnovo the Court horeafter,
end beforo 1illnl Ecaring. for an injunction
against tho defondants if no is advised TINT cir
tumstanceB hereafter occurring shall ronaer the
came necessary for tho protection Of his rights.
Tho Court furthor explained the order, with
Bome minutenoss, M above slated. He said,
nn,ong other things, that itB main object would
he Aeon-i c., that wllat it Sas qlasiI-lnju3n99,, 39,
against the defendant, it sustained
substantially tho position takon by the dofonso,
namely, that tlo property IN reference Gun DO
condemned for public purpone. lt.aso decides
fore for tho protection Of plaintiff in his prop
orty, 80 that the defendant must take With al
reasonable diligence tho BtepR TINT are necessary
for the purpose Of cOndemning tho land III qlos-
ton; and it is intended to hold this bill over
them until they perform that obligation. With
out expressing any opinion about tho pow
er of the Leglslaturo to particltlarize u tract
Of land Us ono to DO taken for public pur-
poaca, the Court enid it was certain ,has
tho Legislature Ec3 not competent to declare
that u particular tract or lhnd sllall bo Eot
apart, md there Etop but tho Legislature must
go on and DECLARE that it must be ac4nrca In the
way pointed out in the Conatitution md the law
of tho land. Aa for tho Legislature Gaying THAT
particular tract Of land can DO acquired for q
Btatod prico, it could not bo done.
III answer to furthor questions, tho Court
mado few REMARKS respecting TIC proceedings
4o 1,a fni-7 In, f1rN Nfa{nt (nI1rtl
merely recapitulating what he had said before,
ns reported IN TuI Tribune. tint The Court
could not intorlero with questions that should
properly como boforo tlono Courts.
INTERESTING DECISION.
Els Honor, Judge DIodgoh, yesterday decided
epoint Of great interest to thoso connected,
either as othcora or creditors, with bankrupt in-
surapco companies. Ono Millimnn some time
ago potitioncd tho Court to direct Assignee
vooko, Of the dermnnia Insurance Company, to
return hin, tho sum Of 81 200 which ho owed to
the Company on q note and mortgage It up.
penrod tint tho money had been borrowed Of:
Trust Loan Company, aud tlat when Millimal
repaid it, 10 Claims that 10 considered
tattye d that Company, ne wa. also . policy
holder in tho Company, and 4sa proved up
prayed for tho money paid to bo RETURNED to hin
" paid under nlacoucoptiou, and for tho Cour
to declare his claim against tho Company set
Off againpt the claim Of the Company asnins
him.
In deciding on thia claim, His Honor reviewed
tue aboyo facta, aud sail there was really moth
Ing III the oyideneo to lcad anyone to sup
pose that hIillman could have paid thu
money without knowing what 10 ho.,, va
and paid Tho weli-known Receiver Of anotler, II
tho banking office Of y third. Ihene circunl
stances, 80 curious until unexplained, woult
naturally hnyo aroused inquiry on the pnrt o
IN t11r1f1 of rHp11jt
hpyo boen llat ho would llaye discovered til
pature OF the transaction. BoBldes, it was not q
Ill likely that any ono would pay away bis hard
earnel money IN . moro of hand dirootton-th1
he muut pay it to 10 and 20, without KNOWN
moro about 1t. Ho would desire to satlafy hin
self That the poraon to whom ho paid IVES autlo
lied to receive 1t. and competent to glvo II
'elpt. uuuuo.,,4 =, .,,o ,,.,
tel for AIilliman. It Sas hold tint tho only iasu
remaining was aa to w1lotllor Milliman paid til
money BY mistake, IN ignorance Of apy fat
which, had ho known 1t. would not hayo mat
The faot that 10 was paying It to the German
insurance Company, against which he had
valid sot-otf. Milli1nan says in his testlmos
that having tho money nccesHary to meet u
oided What to do, he thought 10 would p
this debt and eayo tic interest. Haylng norro
cd the money Of tho International Mutual Tr'1
Company he sought that inBtltntlon >, .
RD1 EuW either Mf. 1louulAll VI I'LL, 1!o"cutA'
and told him that lle waptcd to got his mortga
md notes, tho reply being That 10 Ind t,em ,
longer, but thatttey wereln Henry dreonebNun
Banls, tho Qormania Bank; that ho thon went
tile bank and interviewed Floruhein;, and t
next day went again.. and saw Florul.olm a
Vooko. tho former toilirg lin that Vooko Wt'il
give him tho papers and sot:le up with LII
Vocko then wont to tho vault, figured up the. J
torost and received the money, giving q recc!l
tolllug him That lie must obtain tho relcaso dc
from Hoffman, Of tho International Petition
contonded. that, In thua acttlIng, ho consider
10 was paying tho money to Greer
baum, Of tic uormania Bank, @
did not discover tho mistake un
he got homo, whom le looked et the papers a
INV tho rnonoy to tho Gernania Insurance Go
nany when Was insured III it," Counsel liz
tllst AliIlilnan did not know TINT Elorslclm u
holding the paper aa Secretary Of tho Innurau
Company, Of tlat Yoke faa acting "a Ascol,