, 1873-07-15

aae Thcro IL nothing 10 show how tAtsch forcs wAs
thin VA: absolutely ynocosaary. rainln, iii arror may
iaye reeatod with rch violence - to rtquirc all uie
rshl to so iii ths force neees.ary al VI Tor liz
On hls resing to- pay NJ faro or esyo thS rsi1 o,
rss ss nd u sfss ' IT. s' hi @
cannot preRle cxccastve force wan employed hy Tho
Company. Tie Judgment of tho Court below Is af-
ANOTHER FIGHT ron A Ot11.D.
A singular case is before tho Courts, tho par
tcula1s Of which hnyo not yet appeared, nl-
though bill waa fllod on tho both Of juno last,
with q brief paragraph. Julia A. Nntt, of
Natole7, MisB., willow Of 11nl!or Mutt, do
eoasoi Juno 15. 1884, tho complainant in tho bill
In ehnneery IL qneuton %,t ss H IN a
tor Of horaolf and tho stecoancd, ras marrod in
ot this city. Tho conpilo ,'s 5ostdoa,, aftor
s oSs,no marriage sn for pest o Of 4eSer sS %e o io
first year with complainant, child, Caroline
a. 1866. 4 fow days aftor tho BIRTH Of tho child,
namoly, Jan. q, 1907, tho mother, Mira. Fogsyth,
diod, tho wlowor and tho infant child romain-
ing At tho old lady's residence at Natcloz, until
tho following May, whom lo returnod TO Chicago,
taking bis Child with him. Ho tliod on Feb. 27.
1872. 1t tho House Of Mercy, Chicago. lowing
Court under tho provlalona Of Which, Ltzzic,
Of tho cluld.
Mrs. Mutt dosiros tho Conrs to romovo tho
child from tho guardianship Of Lizzlo Forsyth,
/ ono to her, the complnnaut. She represents, AZ
equitable roasons for so doing, tint Forayth wnB
In such distrcRsod circumstances when le mar
nod her daughtor that ho WAS unable to main
tain vito, and alc was compelled to provide
for him, and oven paid ao,ne Of his debts; TINT,
when his wife died, lie had no money to pay fun
oral exponsos with, and sllc was obliged to do
frey the funds necessary that when 10 died ho
no mcans which she eau loave At her doath
whereby the futllro Of tho CHILD can bo assured.
She afirms, on the othor hand, that aho
| ia amply competent to provide for tic
child that aho Intends to 1oave It, II sho Is de-
crocd tho custody, tho samo share Of the proper
| ty ns tho nothcr would have had ifnho had lived.
| She shows that aEe Ia the ownor Of property, In
her own right, valued ut lonst a200 600. consiat-
ing largely Of roh estate in tho vicinity Of Natoz
otherwise, rs el,e may deem tlt TINT sho hns two
| children, but g. f0w years older than said Caro-
line Mutt Forsyth, whom sho ia educating In tho
most thorough manner. giving thom all tho ed-
hor aocial position and financial ability !" that
tho child Ia growing up in unnatural avo1Hson to
tho complainant, which is painful to tho COM
plainant; that complainant has strong love for
| tho child that ahe IL nevertheless shut ont from
| her company; and that said Lizzo Il. Forsyth
| ia doing great wrong and injury to axid Caro-
line Mutt Forayth teopnrd;zing her fusure in
teroBts and welfare BY refusing to allow nny in
| wherefore sho praya hor caro- aud custody, OTTO.
Emory Waahburn, Jr., for tho defendant, has
fled general demurrer. He will contest tho
bill on the ground Of absonco Of all equity.
| ARREST OF AN OLD BANKRUPT.
Wiswall q Thompson, Of this. city, and r. 8.
Benedict, William A. Hall, Jesso st. John,
Matthew Bunker, of Ne% York. yoatorday pe-
Norris, and : petition by tho same parties hav-
ing boon fllod boforo tho 1ro and destroyed, this
was allowed to stand in its place. Petitioners
claimed, Wiawall 4 Thompson as creditors for
Hall l. Co. for 9120. tho amount Of nota given
for merchandise supplied. Debtor was charged
With mixing fraudulent transfer Of his
stock, Of boota and ahoea, III Augmat 1870. In
creditors, in his affidavit says, that an adjudica-
| tion of bankruptcy in tlis case wns entorod On
the 17th Of November, 1870 that on tho 90th Of
September, 1871, warrant WAS issued for his
arrost on affiavits that he had 5000 in lliu pos
session which ho refused to. give up, although it
| waH the proceeds Of tho sale Of hia estate; and
that he abgcondcd from Illinois; wherefore pe-
ttionora. finding 10 Inns recently returned to the
arrest, ,lrlor 50, 900 BAIL pending tho further
orders Of tho Court herein.
/ INTE1EBT1H1 LAND SUIT.
In tho Superior Court, yestorday, vas filed =
II
performance Of . contract to convey certain
piece Of land In tho County Of Jafrorson. about
which two BuitB have alreaay boen flied by other
purchasers. Tho bill alleges that ono @. @.
tho 18th Fobruary, 1869, for s52, 900; that Rcca
& Co. sold u on tho following day to O. H. 6lonn
for s4e,ooo; Tint 4. Cripple sold It TO- J. ..
Hobbs for abous the nttor sum; that Cosaitt
Us soon % he had sotE4ed with tho others that
ho did not want to givei! until ho had settled
with them becnuse they Would want large dam
agca for breach Of tholr cona1scts; that within
17,3ss.8l wns made to Mcsorve, and Cossitt
told him to keep purchasers quiet until thoy
settled will. thorn. Tho bill alleges that Hob!la
got 8 judgment Oh bis contract for about 5000,
which was confirmed In tho Supreme Court, aud
that Sloan got a judgment on his for one cont,
and that Cosaitt now repudiateB the contract
mndo by Sleservo, denying his authority to mako
it: the bill holds that Aleaeryo iB liable az
principal II he had no Instructions, aa we'll a.
upon tho agreement to cauBe CoBBitt to eiyo a
decd, and praye Hpecifiu performance Of contracr
may DO deercod against Coasitt, or, If It shall ap
poar that 9 Meseryo + had no authority to make tle
required to mako repatriation out Of his eotato.
Tho bill is supported by several ntilavita, among
others one of Mosoryo himself, and prars that
an injunction may restrain any tranAfor Of No
, had not authority to mako the contract.
ENJo1E1So THE MAK1Na OF sNow-eAaE9.
Matlhns parhaH, OF thin Btnto, and William II.
! Core, OF Now York, yesterday filod bill in chan.
Gerry, in the United 6atoH Circuit Court, for al,
injunction restraining tho Northwestern Show
Case Manufacturing Company, and others, in
fringiug thoir patent for what is generally
known US the pontagonal showcase, belonging
10 tho complalnants. Aaldavin arc filed siiow-
Ing that various cases similar to those manufac-
turod nndor tho complainants patent have beon
sold to frmn in various StatoH by the dofont]ant.
without conaplainnnts lcnVo or llcenRo. Au nc
oonnt Of Asel saloh IL now demanded.
CLAIMS AuA1SHT Tlfg q. ". T. CO.
In accordance with tic opinion OF judge Drum
mond in tho petition for reyiov Of the 1,roceod-
lngs against tue Great Western Telegraph Com
pany, IN Bankruptcy crodtora l,ayo already
begun filing thor claima. Judging from tho
character Of tho ycry frat, thcac alone will bo
calculated to g|vo lfHe to endless. litigation,
Without critlc4ing tho nature Of tho f3rnt OF the
claims ALREADY submitted. we simply give list
Of those tlladnp to last night: -
Edward Mcdonald and Rodney q. Whitoomb,
construction expenses un1nr contract with Bolati
lieev0, 81, 0024J, loss S7.aOl 3tl: balance lup.