, 1873-11-27
table muBt DO considered common property,
bill must Therefore 10 dismaaod for want OF

icnrco t0 In o1,tored Arninst tlom 1k vos IN r1nv
@ tlloir T stook W was auoted u mitch % hIsher. On tho
ononinr Of court motInn was mntic hy SIr.
1t,lov to afssnlyo tho ininnniionn yvh{cT, ,yoa
granted. nj. Qoudy for tho tax-1Rltors then
oxooptcd. md asked an nnnenl 7TIo Court
douied H. Ho thon fllcJ mootion for ioaye to
dismiss tho several biIls % without prctutco bo.
caugo tho court Ind indicntoi fiIov wnrnsyithont
equity Which was owe oyorruied by JudeoW Williams, Mr.
Cloudy oxcoptoj, Comnlniuauts next diecharrcd
iholr great Gin. by moving to dismiss tho lills
On PAYMENT Of costs, booa1uso % The court had in-
licatou thoy woro Without oouity. and tho court
granted this motion. Thoy tlon took tho most
Singular ntop. by asking an 'anpoal from this
order Of tic Cos,rt,-a,s order Which they thom-
solves had asked md obtained. It certainly was
ono Of tho abnrnost dodroa aver p)aycd. < do
cjsion III the 8d Scntnmon was atducoil in Bup-
mort of this nractico. and nlso m uproported
late decision Of Tho Supreme Court. In
tho case In Scammon. tho bill had boon dis
missci without nroiuijco by complniuunt. md
IN anponl was allowed. on lts rcunost, unflor tho
old stntuto. mid tho Bupyomo Court hold that
tho dsmlssal Of tho colnpla!nnnta bill without
WOW oil tic errors OF tho court below previous
10 tho ordor Of liamiaaal. Mr., Cloudy olairnod
that it rnado no diferenco whether tho yordot OF
dismissal lind boon absolute with or without
Pr3o No. AZ, ,723 in tho Superior Cont, tue
connnlaiuout lad disuniesod bis own blli for want
Of canity absolutoly. Ho thon prayed IN ar,-
neal, which Judge Gary allowed, aud tile caso
Tho precedent is, to shy tho least. worry dangsr-
ous. Judge Williams rcmarked that ho hnd nsyor
hcard Of such practice before. but could not toll
what might be raked up from tho depths Of
s en- and oheF .s s1 old Tspo1s 7 s
opened to every Quo who honestly or dishonesty
wishes to gain time. lie las only to tllo bill,
obtain an Injunction, dismiss hia I'LL, and carry
the case up thus hopping alive tho injunction
If this is tho law these tax contestants Gun keep
tho city out OF part Of its income for year or
two, Tho only way to stop Bi1nilar1 urocccdiucp
iB to hayo It . rule, as In tho United Statos
Courts, that no order for an Injunction can bo
issued without hearing,
Thc caso was not decided Yesterday, time being
granted on tho request OF NIr. Tuloy, to write to
Otiuva to obtain tho decision OF the Supreme
Court, il any has bcon rendered, which viii do
eide the case.
~''40 '''0 TIL THE UNITED srArEs COURTS.
The evidonco in tho Howell caso was closed
Yesterday AFTERNOON. The prosecution clored
with tho testimony Of A1r, Howell, tho plaintiff.
aud q small amount Of oyidonco was otforod in
sur.rebuttal. Tho case is adjourned until to-
morrow morning. whon tic nreun,nuts will COM
monco. % and it Is ~ oxpectcd M tEoy vii consume m sumo
Friday and Saturday
Tho Niansfiold Nfnchfno works cornmenced an
actlon acainst Aaron r. Bates and Aaron ".
Davis for $4,000,
rho First National Bank brought suit against
A, J, Hagcrnau and 4, A, Uateman for 81 .0UO.
Dant Of Grand IInye1i nrainst thu Gnrflen CITY
Misunderstanding @ "a and snpp[y Cor Company' m for Sc 5co.
Tlc Second National Bank com,uonced m NO
tton nrn;rst Alonzo Rand for .500.
A, G. unrdiur brought suit for foreclosure
nroinst Harvey ". Gidljnra. r. p. Williamn.
Allnon Kiddor, John ". Glddince. John Brown
Mrs Haunal Parsons Loon Gidlings, Thomas
F. Miller, and Royal Wiswall, rho promises are
the east * of the northeast II of Bec. ID. 10. 4.
aud Other proporty, ali in Nurren County. and
on which thero il due under = trust de9a tbe
sum Of s11, ,025.
BANKRUPTCY ITEMS.
pany, M order was entered that ali purzonp In
terosted el,ow cause, on tho 9th Of December,
why a compromise should not bo effected with
tho Andes Insurance. Company. That Company
owca II. 600 for reinsurance, and is said TO bo
iusolvont, and request is made to settle FOR
$4,000.
A. g. Bradley was appointed Provisional AS
siSnce Of the estate Of Charles y. Reed.
filed his report, which was ordered confirmed.
In the caso Of Bkelsey, Fuller l. Pierce, tho
Sny Island contractors, tho order for discharge
was nado absolute.
W. T. Iresou was ad3udicate1 bnnkr,lpt by do
fault, and warrant issued, returnablo Doc 20,
1878.
John NJ. Wyatt and George Wuatun. Jr,, wero
adjudicatod bankrupt. a warrant issued rcturna-
bic Dec. 20, 1878, and r. Z. Joukins appointed
Provisional Assignee.
ANOTHER Ar7Aosiu1:Yr su1r AGAINST TIE DOUG
LAS HEIRS.
Charles 1[agargo and William Barge COM
meuccd n suit by attachment against Stephen A,
and Robert NJ. Douglas, and Mrs, WilliamB and
her husband Tho facts aro similar IN ali re-
spects to those in tho case Of Harris agalnst
Douglas, in which Judgment was entered
against defendants. as reported in yestcrday's
Tn1DuNE. Tho notc in this suit was for 81 800.
1nado April s, 1869. Amount claimed now Is
S2,Gl4.41,
DAMAGES ron MALICIOUS PROSECUTION.
In tho caso Of Kedor asainst Dane, Westlake
l. Covert, reported in Yesterdays Tn1nuxr, tue
fury returned verdict for tho plaintitr for
IS 0O0 The action was for malicious prosecution.
in arrchting Koldor On ; capias, and imprison-
jng him until lo recovered his Iborty by
ha6oas corpus.
c1nou1r COURT m BRIEF.
William ". Farwoll, Tor tho use of Jenuie
Eastman administrative Of tlo estate Of d, q.
Eastman. doceayed commenced a auit arainst
Austen WiBYall Leslie Groenyood Johu
Motchonor, alias John Mitchell md Albert
Ethoridge, for Sc, 600, The suit was commonced