, 1873-03-24
Important Ruling Of Judge Rogers
--~A Warning to Intending
Lttigants. =,
Judge Gary Expounds as to the
Admissibility Of Copies Of Dep
ositions Of Living'
Witnesses.
Judge Tree Decides that Verbal Prom
ise to Receipt Bill is as Bind
ing as Written One.

Interesting Variety of Lifc's Trou
Dles Developed by New
Law Suits.
james McQuirk. Of this city, In a bill for In
junction against Daniel Boglo, in bill fllod OF
Saturday, iii tho Superior Court, shows that ii
1867 ho was citizon Of Cleveland, Ohio, nut
the solo owner Of tho tug-boat Ada Allcn, whiol
he mortgagod to John NJ. Hughes for $1,000
That, In default Of payment Of tho Arst note dus
under such mortgage. Hughes took posBessior
Of tho tug, and In December, 1907, foroclosod
tho mortgage and purchased the voasol. In
February, 1868, Judgment by default was Lad
ngainst McQutrh and Robert Rao, as owners ol
the tug, for wagos ahd supplies, and Hhe was
sold in TINT month for e500 to Daniel Doglo, whe
bought her in for that sum In tho intereat Of
McQuirls, Robert nao having also m interest IL
her, By bill Of salo, for liability ho had incurred
for McQuirk as bondaman. In May, 1868, Hughee
commenced suit in replovin, md in June OF TINT
year Doglo aud Hughes mot and arranged mattors
by an agreement TINT Dogle was to run tho tug
In tho intorcets Of Hughes and McQuirk, roceiv-
ing $50 per month therefor, IMPLYING tho receipts
TO tho payment Of certain outstanding debte, and
settling othor similar details. Plaintiff charges
TINT Bogle reported his receipts, from February,
1868. to December, 1870, at $4,000, whereas
thoy wore really not less than $4,000, with
$4,000 for tho senaon Of 1912.
Ho noxt shows in detail, md at enormous
length, tho manifold nogligencos, omissions, md
commissions OF which the defendant was guilty,
by which tho intorosts Of tho parties aro sup
posed to havo boon sacrificed; aud concludes q
Hcet painstalsing, minute, and exhaustive effort
10 transmogrify n fow straightforward fucta into
As many meaningless phrases, and ns much loyal
foolscap as possible, by praying tho Court to
have an account taken Of tho earnings Of tho
lug, and q lot Of othor things, meaning general
relief from the evils alleged.
IMPORTANT TO ATTORNEYS AND CLIENTS,
Judge Rogers mado an important ruling, on
saturday, in Baum V. 6cresber, to which tho at-
tentlon Of both attorneys and clients may profit
lbly DO drawn.
Mr.. DIosos, vino appears in this suit, having
attended, fruitlossly, for trial almost every day
GAYS previously, made an application to tho
costs to date; and it appearing that tho nttor-
noy Tor tho other side had not attended for tria
OWING to absence on legal business elsewhere
out Of the county, without causing himself to
DO represented, tho Court ruled that his client
must pay tho costs, as applied for, In this in
81 stauce amounting to about ?3o, romar1king that,
duties they have ncccpted at tho Chicago bar,
md leave business In our courts to tallo Saro of
itself whilst thoy look after business In courts of
other counties, both themselves and their olionts
lnlust expect to Hutler tho consequences,
RULING As TO SECONDARY EVIDENCE
An nppltcation Tor tho ruling OF tho Court as
TO the adnaissbility OF secondary evidence Of
living Witnesses in chancory CAUSES. on Saturday
sci that ho had already ruled, in M application
Of Dir. Winaton, in ono OF tic Finglor suits and
on two other occasions, that a certified COPY Of
tho deposition Of living witness cannot DO
His Honor said that the point admitted Of no
doubt, tue Supreme Court having frequently
ruled as statcd. Tho matter had, over and over
nsa'n, been brought up in ditforont clancory
courts, and The ruling. was invariably tho sa1no.
difficulty Of . trivial nature, as to obtain ing
oral testimony during life, being mentioned, tho
Court suggested that the only remedy the coun-
sci had was to kill tho Witness" Judge Gary's
cnustlc style, Of tutoring these grave judicial
paper.
L1AR1Irry ON rnoM1sEs TO PAY.
=, A4 exceedingly Interesting decision was given
" Fudge Tree, on Saturday, in Stephens '.
defendants demurcd, under the statute Of
frauda, tho bill OF exe]lango not being sipnel
The plaintiffs held TINT tho case did not como
under tho statute Of Frauds or, if 1t did, tho de-
on statutos Of Frauds, Sec. ina, IL Illinois,
Nelson V. First National Bank, 81 Illinois, page
3l9, and s. Illinois, page 42i. Tho Court ruled
that, in cases where tho giyer OF promise to
pay aao paro1a ta M MRro;se to aecqp upon
euilicicnt to fix Ills liability, mud ho must pay,
Trunk ]. Crawford for tho plaintiff, aud q, ii.
Harris for tho defendant.
~ REsposa1Dr1lrY q I91 Fon CANAL NAVIGATION.
The liabilities Of the city for injuries Of all
kinds, however remote from the vigilance Of tho |
officers Of tho city, Heom to DO well-nigh endless.
!! pn Saturday the suit practically involving tho
li;anllity 9t t!,o city for the safety Of avga
michigan Cana! was submitted to Judge
lsogerB, and testimony was taken. Tho plaintiff |
sued for st, 600 danageB for loss sustained by
|ho destruction ST. Of s canal barge osabo
VILE, On voyage to Chicago laen With corn
lion and other works In the Summit Division,
and large rock tlat had been displaced IN tlo
sourse Of tho work was lodged III tho bod Of
no canal right in tho way. Of vessels navigat-
obstruction, tile barge collidod with 1t, md went
70 the bottom, becoming total loss. Tho
plaintiff claims that the city is responsible for
ne tasaAe G tn %atersl @ being removed nnar
natter under alviHomont.
A WIDOWS DIFFICULTY.
During his ufatime Cllarles O. Mesorvc, act
ng as agent for tho owner, sold to Elisha Mason
he northwest quarter Of Sec IS, In TownsI,in
10, Range IS, but Lis principal afterwards failed
o carry out tho contraot, aud Mason subsoauout-
y commenced O suit against Mcservo for dam
gos,-a50, 900. Nesorvo aoon afterwards diol, u
lud his widow, Loulsa g., who Ia now In tho
county Court aeeking probate, on Saturday fiod
petition III tho Circuit Court praying tle Court
Q Issue commission to Hir4m Ii. Chase, ono
n tho Masters IN Chancery, to authorize him to
ake testimony IN the cause, to establish the fact
nat Meservo waa acting as agent, aud so forth,
= lere stated.
ANOTHER RELIC OF THE FIRE.
on tho l7tl, OF Juue, 1871, Wm. H. Fitch, Jr.,
oposited in the Empire warehouse, belonging
0 ". I. Dickinson Il Co., aquantity OF furniture
nd personal property, valued at $4,000, which
o authorized them to Insure, aud they afroctol