, 1873-05-05
Tho rico-Commercial Scandal l.-.perplox-
ing Situation Of Judge Trco...a
Trick, Or an Annoying
Error. i:
Motion to Remove O Receiver Dur
ing Vacation Time---No Cause,
No Removal.
The 100000 Railroad Suit---
Partnership Dissolntions---Tho
Hubbard Estate.
Bankruptcy Matters.--Trouble in IN
Evanston Express Business--.Tho
=" Balbach" Notes Agair---
Courts in Briof.--New
Suits

Balhach' Notes Agaln-..
Courts in Briof---New
Suits.
Tho case Of Field y Shepherd camo up boforo
Judge Treo On Saturday afternoon Oh motion for
now trial by dcfeudant'B COUNSEL Judge Wilson,
who becamc rathor warm In hia arguments, and
travelled out Of tho record to abuse tho prose- of
the city, which ho accuued OF publishing sour
rious articloa with regard to his clerico-commor-
oial client, adding that no doubt they moro paid
for such publication. Ho was very anxious for o
now trial to act aside tho ugly 50, 200 verdict,
and thought tint every caso should DO tried
Thousand times rathor than my doubt rs to tho
possibility Of obtaining Justice In Court ahould
obtain p1aco in tho public mind.
His Honor Haid tho main question In tho caac
was whether Kolly. acting for tho plaintiff, had
tho samo knowledge, or means OF knowledge, as
defendant. Tho evilouco in the caso Was con-
dieting; II shopherd'a. evidence Toro believed,
verdict for defendant WAS unavoidable; If
Koliy's, a verdict for plaintiff; while II tho
witness Montgomery were to bc believed, both
previous Witnesses aro guilty. Under tho cir
oumstauoo, Ills Honor was obliged to oyerrule tho
application for d now trial. 80 the prospect OF
the interesting evidence being brought 300 timos
more before lhe court Is spoiled; H.. ,,o,,, II,
arrest Of judgment on tho ground of an omission
Of a limo in plaintiffs doclaration.
It appoars that during tho trial tho original
declaration was lost. and It was agrcod that tho
only copy should be substituted, aud filed In its
place. This copy was defective and the coun-
ael for plaintiff looked as though bombshell
had burst in his camp. uo waH rcRdy to do nl-
but tho counsel for defendant WIS inmovablo.
ne wanted q now trial, and would take advantage
Of any point Of law which gave 1t to him, His
Honor Hail he WAS not clear what to do in tho
with tho error In tho declaration. He would
uuspend Judgment with regard to tho latter
point. ...
The following opinions appear In the current
number OF tho Legal Nescs:
The opinion Of tho Supreme Court Of this atate bY
Bhcldon, j. In whero person who acted ns tho
Rgeot Of purchaser Of lot was Himself part owner
Of the lot and chargea such purchaser moro than tho
contract prico Of the same and did not dlseloso Lis n
tereat,
Tho Eastern District Of Michigan, delivered by En-
mons j., in the Of collision between steamer
considerable importancc and have yet received
Us thorough discussion in this country Id Judge I'm
The opinion of tho Supreme Court Of tho Uniod
Btates BY Davis j. holding that II Truatee Las been
guilty Of clear breach Of trust yst tue sostui que
trust has for long time acucsced In the misconduct
with full knowledge Of IT. court Of equity will not ro-
eyo him, but loave him to bc1r the frults Of his
Client to bar recovery must depend upon the crcum
stances OF slch o case.
Tho opinion Of tho snprome Court Of tho United
obngces dies the debt is c1tngnshed sgaius hts rep
@ h srsy e1ss MgeD s atone saT sSs e.
saord M Feot tit tic Court vii not vary ts leea a.
oint unless I i It can % see, eher ~ independent tesmo
ny or from tho nature the tsanHsoton itself that the
joint liability but IT, through fraud ignorance,
mistake, tho joint obligation does not express Tho
meaning Of the parties, It will bo reformed so Us to
conform to It.
MOTION TO REMOVE A RECEIVER,
Tic case Of Bradley Y. Lace ct al. came up
before Judge Williams, in Chambers, on satur-
day morning, on motion BY defendants attor-
ney to lavo the appointment Of . Receiver over
q farm and other property in Lako County re-
scinded. Tho question Of tho jurisdiction Of the
Court aroao, whom Mr.. Herycy, on tho part Of
defendant, agreed that tho Court had the power
to discharge Receiver. and to appoint another
In Lis place; Mr. Williams, for plaintiff, holding
that the Court had not power to roscind tho orr
der appointing q Receiyor until torn timo, in De-
comber next. Tho application for the removal
Of tho Receiver was based On the assertion that
tho Receiver was appointed without notice, md
that the appointment intorfores with tho righta
OF q tenant who is lessee Of tho farm for seyoral
years to come, under valid lease.
Tho Court, after reviewing the saltont points
In the case sail with reference to tho main
question, namely, whether he, sitting in chan-
bers, there, had power to remove Receiver dur
Ing vacation, tint lo had examined tho authors
tios, and WAS not yet satisfied as to whotlor tho
Court had tho power or not. He would not say
thnt tho Court hRd not tho power to remove q
Receivor, under tho circumstaucos atatad, and ho
did not think it was necessary to decide whether
ho had or not. It WAS admitted that tllcre was
tho Receiver; there WAS nothing alleged as to
negligence Of duty; indeed. it sconed TINT
bis duty was being performed satiafactori-
L aspas to sssGns pS rnss I b.sa 80 ddc aG
before tho Court. And he did not think that tho
Court erred in appointing him; or that tho
Court, not having erred in tho appointment, had
any power to remove him. there being no no nal
ceivor had given q bond for 10000, which the
Court must consider good bond until the con-
trary should be shown. He WAS In possession Of
the property. He was receiving no money, but
expeuding 1t in necessary works, It seemod to
him that there waa no chance for the neceiyor
to improperly dispoae Of tho property, and It he
did, then they had Q good bond to fall back
9ponl md t. that was not enough they h.d tho
sufficient cause shown. Tho motion must bo
oYerruled.
THE a500, 900 RAILROAD SUIT.
Tho great railroad suit, i'll which Seymour and
tho Philips Il Colby Construction Company, on
Saturday turned up before Judge Blodgott, and
ut the close of tho day went ovor until this
morning. Tho roadore Of THE TRIBUNE arc too
recently informed Of tho details Of this suit to
require repetition today Of tho plumber ot
cubic yardB dug, tho price per yard, tho amount
Of labor performed, the delays md obstacloa
charged, the want Of faith and money alleged
and ail the rest OF it, tho whole OF which was
minutely narrated in thta column the day afte,
Ito declaration WAS filed,
Tho principal fight WAS over tho agreements
That passed. between the parties, thu full mean
Ing and intont Of which will AFFORD opportunit,
to tho lawyers for a grand displayIof oratorica
placed upon the agreements by tho plaintinl
goes for naught, tho damagos will lllsensibi5
melt down to d worry insignificant sum and Il
the defendants do not sncceod In showing thai
Tho pllaintas' construction does go for naaght
they have other good cards to play, particularly
III to whether t!oy arc the responsible parties
for tho work done or not, OR othorB.
TBnuuIE In AN EYAEGTQN ExruEa8 DuHrNEEa.