, 1873-11-25
THE COURTS.
Quo Warranto Asked Against Usurp-
lug officers.
Question Of Laohes in Commencing
Suits in Bankruptcy.
Action Against Elmer Washburn as
Penitentiary Warden.
The Howell Casc--.Tax Appeal Cases--.
. Bankruptcy Notes-.~Judge
Porter's Estate.

Bankruptcy Notes-.~Judge
Porter's Estate.
Supreme Court Decisions In tho
49, Kingsbury Estate Case.
Anthony Wanncr, In an affidavit alcd yoster-
day in tho Criminal Court. dotailod q longthy
gtory Of misplaced confidence. Ho states that
in March, 1870, lo obtained patent for the
manufaoturo OF tlre.proof tubulnted plaster
>btioks. In 1879 ho sold two-thirla Of his intor-
est to Max Winomnn md Henry r. Leopold,
Jointly. the consideration thorefor boing go 900,
aud at that timo copartnershp Nas made be-
tween tho thrco. In JanunrY, 1873, deponont
sold ono-ai1th OF the remaining one-third to
Joseph Austrian and Samuel 4. Leopold
Tor $1,000. An arrangement WAS soon
made to form otook company,
tho shares to bo divided into thirty-six Of 81 900
each, defendant taking ton sharos, correspond.
Ing to bis interest in tho patent, On tho It'll Of
February report in accordance with the statute
was sent to tho Secretary Of State asking for a
certificate ofincorporation. Deponent tho Ha1no
day wont to Now York, returning March 10, and
On tho next day ntoeting Of tho oopartners was
hold to hear tho report Of deponont's errand.
March 81 he again went to Nav York, and while
thoro received o telegram anying that work had
stopped at the yard because tho mon Here not
paid, and signed by order Of prosidont Austrian.
This was tho first Wanner had heard
Of Auatrian'a being preaident; md, whom
mooting was hold on doponont's return, Aus
tlian presided as President, Winomann OIL
oiated hs Vico-President, and Robert Hurt took
the Becrotary'a chair. Deponent protested re-
pontedly against such an unauthorized proceed
Ing. aud resigned bis position aB Superintendent.
Bomo time thereafter ho asked Hnrt to SEQ tho
papers, but was refused, and rent to Mwyor
and asked advice. He waB told that the shares
must not be for more than s100 ench.
uo then won't to tho Recorders ofloo
and saw what purported to DO copy Of
certificate signed by him; hut, instead tof tho
shares being stated at 81. 900 cach, as It waa in
the original, tho sharos are mado to read 500
each, and 860 in the number, instead of SO. War
ner then vent to Springfield, and found the atl-
dayit there changed also. He has protested
again and again ut the illegal conduct of his CO.
partners, but hiB protests have been utterly dis
regarded, and, last resort, he fled his affl-
dnvit against said parties to show cause why
writ Of quo warranto should not issuo against
them Tor v!ae vN!rongflly uarmpqg m said oeos Of
term.
LAouEs m coMMrNc1Na ACTIONS M BANKRUPTCY.
Judge Blodgett yesterday rendered = decision
OF ntoreht to Ill BUSINESS mon. Bomo ttmo ago,
George ". Smith, as Assignee Of Jacob Meyer,
commenced all action in ohanoery against John
B. Little and others to set aAide m alleged
preferential assignment. t seems that Mayer
establishment nt Froeport. Ezra Mayor, CASH
ler in bank, became involved, md, to e.curo
bis a1retles. induced hlB father, Jacob Mayer,
10 give mortgage to indemnify Ills bondsmen.
gage preference given to sono creditors. Judge
Dlodgott held that it WIS; that, though
the elder Mayor was indebted to tho younger In
noms g, 900, yet the evidence showed that tho
due him, but only aaid t Was to save him from
fail. It certainly would have been preference
I given to the aon directly, and by him trans
10 mike distinction becauso It Was given to
tho suretles immediately. But 1t is open to tho
limitation contained In tho first clause
pf the thirty-hfth section, that suits
should be oommeuced within four months and
rs the creditors hnyo not seen it to institute pro-
eecdinga in timo to elect All Assignee and havo
him attach the conveyance, they should bo hold
to take the Consequences. The bill was there
fore dismissed for Wnnt OF equity.
a s25,000 11nEh SUIT. I'd
George 3. Hodges and Theodore saloman,
. libel suit for s26o0o against q. n. T. LOWS,
the editor OF the Western Rural. Plaintiffs al
lego in their, declaration that thoy are engaged
In tho business OF buying goods and sell
inc thom ngain, on orders from various par
ties, to- he paid for when delivered and
examined. The defendant in his issue Of octo-
bor,. published m article which they claim ia q
libel, calling them robbers, and their business q
cwindle, and alleging that 1t was done malicious
y, which has eerioualy injured them. With the
declaration Ia filed an affidavit for capiaB, con-
tanning an article o column and half long, with
allitoEatiye headlines, and intimating that the
parties, it 80 inclined arc at liberty to commonco
suit, and denouncing them In bitter to1ms. Tho
affidavit Is in substance tho same Us the deolara-
tion, and in tie usual form on which to base a
writ Of caplas.
TIE HOWELL CASE.
Yesterday "as filed up in great degree BY
plaintiff. Ho gave . complete history OF the
case, md oil the circumstances attending his
removal West, and tho reason Of his location OF
the mill at Marseillos.. His examination was
not concluded, but will be resumed to-day.
Another curiosity vas added to tho collection
yesterday, in the 'shapo OF large, heavy barrel,
but its purpose Us evidence Wns not cioarly
brought out.
GREAT WESTERN INSURANCE. COMPANY.
The Assignee Of tho Great Western Insurance
Company, Mr. Upton, filed q petition to be al
lowed to compromise the $3.50, 600 against Hart
t. Stewart. AIr. Upton stated TINT btewart vas
Stewart held somo olaims against the Company,
md, under the circumstances, it WAS bost, Ii
petitioners opinion, that the ESQ. 900 mortgage
held by tho Company. OF ]. L. Stewart, and a
aocepted IN full payment, and ths Btewarts ra-
leased on their giving quit claim to the AS
Bigneo Of nil their right to the mortgagod prop
erty, aud release al claims they might have
ingly entered IN order in accordance uith the
prayer of the petitioner.
TAI APPEAL uAsEn.
Thia morning will como up before Judge Will
liams the argument for tho dissolution Of tho
iujunctiona in tho tag appeal cases taken from
the County Court. The refusal Of mandamus
by the Supreme Count, recently, las left the
present modo as tho only ono by which tho tax
priavnnano + IL n1u 41,,f& {nfr