, 1873-04-28
Important Judicial Opinions Just
Published.
Tho City soavongering- Cunningham
& Gray VS.. Board Of
Health,
Tho Taylor and Brown Alleged
Bnnlk SWillt(lcB.
Tho ourront legal Ne,os pubiiahos tho follow


~, passed IL ie7, a eonatittional that tho Legs
eau mako Inv to doceate powor to determine somc
fnet OF state 81 tnlngs upon which tho lay msGes Or
a aud raeR ro jus.
fho p5opss enoymsns q !hS osnenSl IA ,s ss
i to 10 submitted to Tho ciizons of rhiIadclphin 1t
tho general election iu October, md If tho voto -
asns hs wSeo aaS1 eesS
ton, to which wo have invited the whole country On
pendense q o tht!eon S,atea sha i b tSa on tho
Hth Of Juy 1870. al wo Gun lawfully oer to our TO
Fss @ M p 70 u ss
The % opinion OF tho United s.a.os District Court,
dcta,ent which elargoa tic dotonannt VIM carrying
on The buaneEs Of Wholesale iiqnor dealer without
place. continuously betweon cortain atos Is sufficient
without stating tho moans or eiroumatances by which
The opinion OF tho supreme Court Of this State, by
Lawrence. o. j.. stating tho difference between d.
dctIon md holding that when dccreo is colateray
nssnod 1t is autclon to show that tho defenanns wss
M u as e
TINT The subject matter upon which IT operates was
TIE CITY aoAyENaEn1No-pET1T1oN FOR MAN
DAMuH.
1u the Circuit Court, Ben5amin B. Cunning
ham and Stephen Gray on Saturday filed Il pc
tition for mnndamus against tho Board Of Health
Of cheg @ Eyer hGt as IT. tmy
tract for the city scaycngering, such fact boing
advertised in a local papor and ndmittod to COM
plninants by ]: ". nasaell, Secretary Of tho
bo9s On the 21st Of s samo moath Acting Sang
naado betwoon them and the Board, complain-
.ants proceeded to orpend money, mako cons
tracts, and incur obligations, in relation to tho
'scnyonger work, buying horsos, harness, oto.,
ono Low P. Wright q "piggory' for s14,a00 all
which contracts wore oonBummated tho 21gt Of
March, 1878. On. tho afternoon Of Saturday,
aeh s osea ana from M Maaa
Bosrd was @ to 10 hold on Monday
Che 24th Of March, to roconsiaor
ns sesvonEss ' CONTRAST nG sa ns
monatranco In office Of tile board, notwitbstand-
ing Which one Bell got the contract, wherefore
conl'laina1lta ask for writ Of nandamus to bo
them, mud declare 1t the only legal contract.
CURIOUS TRADE INJuNoTIoN.
Edward and john GOOD, eopartners under tho
Gronf os ,Ra sI e sno
we'll, Z. g. Hall, J. J. Walworth, Il. N. Eddy,
and George 8. Dowon. Oomplatnants state that
they were creditors Of John Davis and Joseph
Crosswell, doing business In Chicago undor tho
together wifi other creditors, tIoy accepted
from from IT. tho insolyents a oompromise Of
ss dosaeS d9ns tat o 9oha I'll? DSs a Co. thS So
carry on their business, undor tho snpervi-
sion Of committee to roviso the aame for
limited period; that tho Committee appointed
consisted Of 2. g. Hall, J, J. Wallworth, and
colvor OF the moneys Of the estate; that COM
plainhnts arc creditors Of John Davis to tho OK
tent Of about 81 ,478; TINT the Supervising COM
Inittoe and the Recover have failod to carry out
tho Wishes Of tho creditors, md hnvo miaappiiei
the Nseets OF tho estate, and failed to call in
moneys due On contracts and otilor works done,
and havc allowed John Davis d Co. to tako now
noaat1raots-anong others. furnishing tue boiloT
Briggs Houses, whoroby their nssots aro very
much imporilol wherefore complainanta pray
that writ Of injunction may bo issued rostral,l-
ing tho snpervieory from misapplying tho assets
of tho estate and from proceeding with any Of
tho contrncta already mentioned.
PRISONERS III JAIL SUE BANK.
II. T. Taylor, ono Of tho late firm OF Taylor &
nd To are at reaen5 Eu within
awaiting trial on charge OF swindling the Fifth
National Bank by getting them to cash forged
draft on Now York, hnyo filed . prncipe for o
summons, IN the Superior Court against tho
it seems. at tho timo Of ha retirement from pub
Tic lifo, had in tho bank balance OF some $1,000,
which ho has since wished to draw out. To this
effect he has drawn cheques to the amount Of
Feeling, doubtless, TINT this was \ d.
rect affront to his nice sonse Of honor,
and a slur upon that spotlosn representation
which is moro to businoRa man tEnn Thousands
firm whose Now York connection went back on
thom SO unkindly, consulted lawyer, and il 60
Ing for the bank in tho most approved stylo.
THE COURTS IN nn1EF.
14 {jrft. Dtol4 sNS H. ~
which, 1t will bo remembered, two vonal jury
mon figured, camo up before Judge Rogers, on
Saturday morning, on m application Of plain
tits for . now trial, basod on the improper con-
application, and tho verdict was SET aaida, costa
to abide tho final judgment.
In Heanoy Y. ChAso BROS. l. Co., tie plaintiff
nbates 800 from tho amount Of tho Verdict and
saofendants' motion for now tl1ki was overrulod
and Judgment entored for 1900. "a
The case Of Eldredgo Y. the Chicago & North
hogorn, yesterday, on Q motion By plaintiff for
new trinl: In tho original suit, defendants wero
sued for loss OF goods hs common carriers. Tho
goods wore lost in the groat fire, and had beeu
wnrehoused. upon which fact tho Company
based their defenso, which hold good. The mo-
ton wns overrulod.
ngainst John II. Novicker in trespass, $4,000
damages, In the..superior Court.
BANKRUPTCY MATTERS.
In the matter OF GOODRICH u Kirby, inbnl-
vents, rule to show causo was entered, and pro-
sioional warrant OF seizure ,gas isaued. The firm
of .soress & Rossurg, jewellers, Of New York,
n1aIrn- n, creditors to tho extent Of $764.
In tho latter Of William Dattermar, an IN
ton for feoaa ana tho Assignee was directed to
pay them.
THE onou,r oouaT:-6,7oo-lames Q. Caldwell y =
David nennson eonfea.ion Of sgs1 ssgTas NeWto1 yea
et A.; petition for mechanics lien. ~
1orzos John August Ze!hn Ct Al sotssstnn storet, =,
Judgment sSo o1a7tMo o9 BueF 7 Y Hoyd y
Ezaboth KrehoY !; sssumpsit, s. l,ooo. s,7l4-loni'
1llrschoaer Y. +. 4. noichard and .. L. Martin r.
aumpst 81 900. G,7lb-John H. stophens Y. Lucretle
J. Dsoow petition for 1nechsncs' llen. o,7le-John
Kennedy V. Arthur Warren et a rctorad caae 6i7l1-
Judgment, $3.50. o,7lB-Robert Hall '. Edward Hay
don aasnmpait, $500 6,710--Wilinm orsbo '. Ehro-
trcRpana on tho caao $4,000. oi2o-Appoa. o,72l-..