, 1873-11-24
THE COURTS.
Tlle Commercial insurance COM
pauy Again III Court.
Dankrn ,tev Proceedings Against Tho
Gardner Hou,a Propriotors.
Tho Nnr, of tho Constnbless-.Anstin
Doy1o's Donlsincn-.-N0tos from
AL tlio Courts.

AL tlio Cotlrt3s
Judge Drummond wns ongngod Saturday after
noon in laoaring Tho caso Of H. Il. 1onktns as AS
Blgnee Of tho Commercial Insurance Company |
against doudy Il Chandler, Oil q motion Tor Nh
injunction against Mr. Goudy from proceeding
with d suit he llaB commenced In tho C1ronlt
Court Of Cook County. 1t will bo rcncmbofod
that, shortly after tin fro, Joseph u. Smith was
appointed Receiver Of tho Company, and, u''dcr
direction Of the Circuit Court. lo sold tho prom
isos owuod by tho Commercial INSURANCE COM
pnny on Washington atroot. at that timo pro-
coolngs in bankruptcy wero ponding. which
were shortly afterwards dismissed. Soon there-
after another petition was tilod by tho Chamber
Of Commerce On which tho Company waH ad-
tutlloated bankrupt. Sidney E. Myers was tho
purchaser from Smith, tho noceiver, md lie con-
goycd Ill his right, ti:o, mud interest to Cloudy,
and Cloudy Boon aftor filed q petition in tho
Circuit Court to conllrm his title to
iho premises in nooosdauco with what Ia
called tho Burnt Record act. Mr. Jenkins aled
bis bill III tho United StatoB Circuit
Court to aot aside tho salo to Myers, on tho
ground that It waa iu fraud Of tue Bankrupt Inv.
having boon n,ado four mouths previous to tho
bling Ut tho petition which the Company WIS
hdiudicated bankrupt, !, Tho mutton argued
Court Of tho United States to restrain Cloudy
from proceeding with his suit in tho State Court
peuding this litigation. The question Thereon
ariscs, whctl,or the title acquired III tho State
Dourt proceeding, by person not creditor,
Ihirty-tlfth section OF tho bankrupt Inv,
such titlo was acquired four mouths prior to
s s G eS SSso Sans on Teh he oaso as hss bss
70 every onv But IL derives additional inpor-
sanco from the fact that these promises, II re-
covered, will constitute tho chief assots Of the
Company ont OF which 10 pay it's unfortunate
creditors, as 1t docs not otherwise expect to pay
more than or per cent. The argument wna
not concluded, mud will bo resumed Mouday
morning.
TIE cossrAnLEs' WAR.
Judge Fnrwell Saturday afternoon hoard THO
argument on tho motion BY tho People er rel.
Patrick DAILY, against Charles Lindgren, so SHOW
ngainst hInt 10 eject him from lis, position
olectionas was Illegal. Counsel for tho
Towns Of North, South and Wost Chicago l,avc
boon taAon cutircy out Of tho operation Of tho
Township ]aw, aud the timo Of election was
/. Rhangod until November. No valid election
q. ~ ION Of tho Moderator in removing tho baot
ri. oxes to police stntion was such irregaarty
utterly yitiatod tho eleoion t wns bold by
u counsel for respondents that Iatrck psy,na'E;in
r for tho election, could not now bs heard to
:: prove It illegal. The town meeting also was
regular at tho tmo fixed by tho general Inv, and
TIC speciat act OF 1860 is void. Again it was
not cnimed TINT tito irrcgularitos complained Of
we're such as to change tho result of tho election
This shonld havo been done, and tho omission is
fatal. Tie tendency Of Tic 1nosiou III dllntory
being mato more than NIX mouths. aftor the
meeting. The statute provides the remedy for
having the election <dcclared void, aud tho re-
suit Of tlis case could not adjudgo tho election
invalid, but only onst tho respondent: Asain1
this granting OF a writ OF quo warrauto iB not
= mandatory, but rests In tho discretion OF tho
Court and tho facts shown arc not enough to
warrant issuing Huoh D writ. Tho caso was taken
Il: under advisement by Judge Iarwou. with leaVe
; to file list of authorities.
UNITED STATES COURTS.
Joseph r. Payson. as Assigned OF tho Nopne
lIo Fire Insurance Company, began suit agains
Livingston Compton for 81 900.
An action was commopcod by Henry 9. Moor
mud Lawrence e. Brown against Il. II. Whippl
for e8,010.
against tho Town Of Ottawa for ~, 60u.
Goddard j. Brother filed i prspc!pe in assump
ait against Frank and Philip schweinfurth Il
the sum Of $1,000.
BANKRUPTCY ITEMS.
William Schinlpfermnu filed petition nEaina
Horatio II. Gardnor and Frederick II. Gould
prorrie.ors Of the Garlnor House. Petitiono
claims II, ,O17.5 on y note due Nov. y, and charg
that Gardner transferred his sharo In furnit,r
Of Garduer House to Gould with intent to d.
fraud. Garluor and Gould claim they have dis
solved partnership, md since then md on u
1Gt1, Of September Gould lns sold his interest |
tho hotel to Hugh A. White. Gardner and Gou!
allowed judguiantto goagaiust thcm by eonfcaslo
for S. UU0 Moreover, on tho 18th of Noven
ber they allowed III execution to be lovied Q
their property In fayor Of II. &. Eumos. 4 rul
to show ceuso was issued, roturnablo Nov. z
1878.
Tho order of Dismissal in the cuso OF E. Moi
del was nude absolute. .
The Dismissal OF the objections to tho 81!
charge of G. G. BIakesloe' 'wo,o Hot aside, and IL
cause roinatatod on the payment OF costs.
CRIMINAL COURT.
Tho bond of Austin j. Doyle C!orls-eloot, vii
Daniel Ol1ara aud Thomas Brennan as surotie
MAS approved by tile Court, and ordered that
be entered Of record
john Rogers was up on m application for
habeas corpus, tho eysdonco partly hoard, an
the oase nd journod uutil Monday.
COUNTY COURT.
An order was entered In tito matter OF corta
spceini assessments for tho City OF Chicago, q
pointing William II. Carter, Herman Dsnzo, a!
George Talbot Commissioners to make 6pecl
assessments on petitions Noa. 40l to 448 incl,
rive, 420 431. 4a3, 425 to 4o3 inclusive, and 90
GOO, 510, and Oil, uud IN order lnado TINT ~
Ges suss suss a oaes = Nos hsy Il H. sPgse 5
494 to GOT inclusive. aud 6la
CIRCUIT COURT IN BRIEF.
Martin schmutz commenced IN action aga1n
George. Webeler, john Miller, and Frederi
The German American Bank brought 81
against David aud Charles Cole for 81, 200.
Frederick Meyer complained OF Sparrow,
Nickerson In u plea OF trospasa on pretais
claiming $4,000.
John X. Tonney recovered Judgment by CT
fesBion against Asahol and Lueius 8. Pierce,
s3,097.
Horny Af. Sherwood entered up judgmt
against tho same defendants for so 001.G
Eltshn Leo commenced an action In the Sui
rior Court against Henry z. Picket, clnin1
10000.
Judge Rogers will call 400 to ]. .44o, inclual
Jutl 10 Booth is still at 1G8 to 1870.
Judge Tree will hear 03S.
Judge Garys call is 1903. 110, II, 118, ia,
49, 122 12s a25 "a nnd q 1T q to 5 iSot INCLUSIVE
T. DT1pG0NAT,