, 1873-05-14
THE D0STWICK SUITS.


MOTION Ycstorduy Argued to o'Dls1riis
tho Conp1ninnnt's Aznonitnd HiIl--
. Tho PxoHrcaB Ntndc--ssrpnMil TRkou
bY tho Dcfcndnnts.-ftcliy of n1r.
Itoboy.
; :YoHtorday morning, argument was hoard bo-
foro judge. Gary, on tho following motion, In
Dostwick.v. Skinner: .:: .
And nov cone TIE defenlapts Robert 8. Wilson and
uctors ani noso to sfrke from the dies tho iastru-
mont called "amented bill, On tho following grounds,
Mfs-Thss tho o,suses no1t herennttor spcctacd and
thcrdn contained hro 1rroloyant, immatoria, argu-
nenative aud Insufficient additions to tho original
dueo oonfuaion md nnecossary expenss mud delay,
toT pan f.hes charge and r.
sna So sse s4f Il iii u enn
wiok deee.sea BY SAID pretended administrator. for
personal estate remained uncxhnusted, Ii null and
void, and p.sssd no t!tlo to sald land Whatsoever"
said County Court il ny annar tat there was ,1s
fsr; ; t-' IS hs could Sisseyss 'a shs, ssas and d
suy eaeoant of tho rsrsons sstate q ssia tocossa
so far ho could discover the same, and il not III
n sss s fao s
odgc within tho Stats Of 1IIfnos.". :. -. "And
these plaintiffs further aato and charge tho truth to
ane q md befors making @ he oros 1t salo ot real
osato ncxs hereinafter described by the record Of sal
cS sa M Tbs as Od Esnned
there personal eetato Of tho said deceased within
this statc and within tho knowledge of tho said pro-
-: a. And these plsintida further chsSgs and
s sat Ii @ss 'a asa4 S q ss Ct r hets a
q, Is vol Is, b T reason ot othor 'N causea s
appearing upon zig saia: record ot; the ssiil
for tho sale of said lands vna wholly without jurafc.
0R ena aats goI s9 h,in1s
Ss ass So o1as q @ e esSs
itnppcarcd to tho aad County Court that thero was
peraon estate Of said doceased within this State s
Of lie safd doeeassd &C Tor @ vo further reason son tnaso
ps1naas further ,nsss thas saa otaoe OF sale OF said
&tca1d-That much Of satd amended bill etates
that "And these plaintiffs further show to tho court
that before tho confirmation Of mid sa1e, and before
Prot pfotonded I sdnninisis:sors a. 1aaae decd
a ssa e e .aS Scsys ~ Z
$50, undcs and by vtrtuo Of said order Of said sale
tiyely pIeadsd ii omltting to stao tho date Of sai
mont is repetition ot rars of the Original H.
Third-That tho uaid supposed atncntlea bill docn
osgna docs RsSe ies Inspiration
paris Of tho original bill which are not repeated tn
Hh1l SUPPOSED h1nbnu1ensBS
Eour.h-Tlat tho snpposeaM i amendments reopcc.lse
~ DO not mend the original bill. :.
ME. John Borden, con,sol for Dusby and
others, oponed tho argument In support oof the
motion, substantially urging that thoro woro
important omissions IN tho amendment, OF facts
which wore contained in tho original bin, that
initiated strongly against tho plaintiffs case, nnd
that tho plaintiff ought to bo bound by, and hold
to all the facts and admissions which were con-
tAnod In the original bill material to the matter
In controversy and that the propoaoA nluenl-
grounda upon which tho plaintiffs sought to at
tack tho foreclosure Of tho mortgage Of Mark
Skinner to Dostwick. uo urged tho Court to di-
rect that the n1nendmentH be atrichon from tho
1lo.: enc. =. ...... =. !:
h1r. Roboy answered. contonding for tho sut-
fc1ency Of tho amondmentB TINT they wore in
accordanco with the usual practice aud usage OF
tho court; that thore VAS no uniformity fully
established as to 1nothod OF amendment, b,lt
that ho was within tho rulo as prescribed by the
English practice Ho opposed tho motion.
1ho Courk than adjourned until O'Clock
and, upon roasscmbling, it waa agreed to con-
tinuo The case until Friday, whom His Honor ex-
pectcl to havo time to hoar 1t through to the
oud.