, 1873-03-01

A Decision Of Importance to Chicago
Landlords and Tenants,
Judge Cary's Vows Briefly Stated on tho
biilcago Question.

The Cost to Cook County Of Criminal
Proceedings.
Billings Brothers Partnership Dispute
..-Heavy Railroad Suits.
Tho suit Of James ratohcll ct al. v. John john
aon, appealed from the Superior Court, contains
pointu Of considerable interest TO both landlords
and tenants in this city. Tho following iH tho
opinion fled In tho Supreme Court.
n h.y 1870 Johnaon leased Pslo three lots tn Tho
EToana e oas xrn,sSsns{ md IL 5aaV iso assigned
ses 70 JOHNSON untl february ls7l when b made Dc.
ssnsr ,ssins Worth, Under whsa ho ras put into pes
q
nen to psteh9 Turner and t,,e prssen. snisi n n
5ohnson, he laadoT Those % vas aasmo&nt n
againat shcm in tho Court below from which they
saon T. vii no d II % id sf sR'1 sss ~
entry aud detancr contained In tho eatutea OF 1st5,
sl % = { ssii q t. hssns ssss sss{s
inssts to TIC tsrminaton of loases Dy thS sqx T.
OF time. is also claimed that tho action vii! not ho
old act TINT amendment docs not authorize the suit to
bc brought .gainst the !. snusles'eee: Il III is
etruo.on Of tho act of 1s4s would not pornl m
ton to DO brought against atcnant whose Lease had
praton of tho term by lapss Of time since under the
act OF 1865 wo entertain doubt this action will
Nj q n n!nsy % s
quenco Of failure by the lessee TO pay rcnt OF to
In fhA NJ kho
IL not subnttuto for the old Law, but merely au
smendmen designed to enlarge It's oporatfop q. Ct
lord to forfeit lease for non-perfornanco Of cove
nants, and bring thiu action to possession.
snb-tenent and is not possible that tho Lgsature
whon waa adding to the canes Of tho action by tho
Isnnnt and auh-tenants wero placed on tho ammo foot
1ng under tho ola ast md the amendment unques-
ssanst s fosa Tie atess "a Thts mutt H2o tPon
t6e nature q The anosensnts holding = reats 4,
= gone, and ho 3 eyicted ~ foreihle det.iner
we were to hold, when tho lsasoe of
III ssso
by nonpeyment Of Eent and is ostcted tho aubtenant
by him. promptly psys Ills own ar rens, % Or con be
sSsted gpy y he a1G ana a. expensive action q see
undertaking. Tho ev!denoe was immatcria1: his
ss asi As,"sS ~ I s
Ghss osssons TO- TIE Judgment sro suggessd bn
ord. Judgment affirmed. 49,, -.
Tuu MILEAGE QUESTION.
During yostordny the Clor} Of tho Criminal
Court continued giving ;eortiacatos to jurors tor
going from their homeg, whother near By In tho
oity, or far away in the country, In compliance
with the directions Of Judge Gary, and the
50 that the singular spectacle Ia now Witueased
Of Cook County money warrants being uncon-
vertiblc into cash, UnlcaB We mistake, tho,
Criminal Court Clerk is now tho unhappy rooipi-
the one from tho County Commissioners,
directing him to pay only tho amount sanctioned
by tho Circuit Judges as tho legnl' payment for
the directly opposite oect ot 5udSa Gary. aa :A's
Judge Gary being askod by the Law reporter Of
this Journal whether Il waa true, as stated by
sef 5aSx a. srsnoo "e % tins
Important question, replied that such was not 1
tue case, 40 far aa ho waa aware, He had had no
conference with Judge portor, and did not know
for him to decide, as to the payment Of Jurors BY
asked what eourse His Honor would
coming before him with motion for rulo on
tho Clark to pay jurora the full amount :; and
His Honor answerod that 1t was no business Of
bis; It WIS common-law matter, and he should
simply refer the movor to Judge Portor, uuder
whose jurisdiction tho matter properly carno,
The reporter instancod tho cascs whero j,1rios
bad this year sat On the chancery aide Of the
Superior Court, and asked why TINT gnyo him !.
Ing out that Judge FnrweIl, Of tho chancory
side OF tho Circuit Court, had partIci-'
pated IN tho deliberations Of the bouoh OF that
court whom tho recent docieion Was arrived at
k1,rtnt l..
lines. but rarely, used q jury, but he did not
consider that it Was proper matter Tor him TO
decide, merely on that ground. He should Ger
tainly refor any such question to Judge Porter
With respect to tho Criminal Court, having had
jurisdiction there during tho present torn, ho
had given orders, whom the matter was nppoaled
to him, according to his understanding Of tho
PARTNERSHIP D1spu7E.
Jasper Billings family lives IN Ohio md
Edward D. HArmon's family lves in Michigan,
aud Samuel Billings is fearful that those two
partners Of his In the brick and mortar and
their families, with the funds Of tho fl1m In their
pockets without consulting linn, Samuel, or pay
ing to him the one-third to which he is informed.
and verify believes himself entitled. It appears
into partnership aa contractors In 1871, since
Which period they hava done work valued at
s9s, ,o0o, the profits due on which cannot. in |
8 ssmmel's ngo , opinion, amount to lesn than
entitled to share and share alike, although |
he ls unable to produce q formal agreemont, |
and that Harmon brought 81, 600 into the Arm,
together with his experience az booklooper,
against which the practical knowledge and skill
Of Samuel and Jasper were to be placed, The !
arm is now building Grace Presbyterian Church,
and Harmon and Jasper refuse to admit that |
Samuel has any right whatever to share in
Ehe profits. Dolng refused all consideration In
tho promises, tho Indignant Samuel has obtained
an injunction restraining tho collection or dis
bursenent Of any Of the funds by tho othors
except for tln completion of the church, until
hearing Of the cause By the Court
THE COST or CRIMINAL WITNESSES.
An inquiry OF tho Treasurer of Cook County.
yesterday, provoked by tho heavy costs in tlo
Eagt proaeoYtiQl Of con1dauce-mo aIlc,tad tha |