, 1874-02-19

aEalnst . hlr. Kidd to rooovor possession Of d
| house. Tho action WAS brought betoro Juotico
! nunsooI, OF Evalaton, mud was deoded IN favor
e e oP1 Psas o Al nsp spp9 Hss ss4 ss9 .te.} G tho g
Ing, tho appoal, requested Huntoon to issue
writ Qf posHosaiqn. Tho Justice refused, and
mantiamslH was ssuoa. 10 Which ho replied tho
rendenoy, Of THO nntt IN tho Circuit Court.
| aagat1lst Patrick Ward, appealed to tho Superior
Court from tho deoiaion OF Justice, boiug an
| action in 1ofcib'o entry and detaftler. Judge
Gary on motion dismissed tho auit on tho
ground Of want Of Jurisdiction. Tho statute,
though somewhat obscure, rendered It impora-
| two, ho Thought, that all appoals In casoa
| OF foroibo ontry mud aotaiuer should DO takon
TO the County Court, and my appeals to tho
So tbat hero cxiata n utter Variance In tho prac-
tlco in tho two courts, az tho Circuit Court by
] allowing tue mnndamua to isuo evidently rocog-
nizcd its jurisdiction Of tho subject 1natter. An
appeal was takon in tho present caao and It viii
| 60 to tho Supreme Court.
srEo1F1o PERFORMANCE AGAINST THE r., 2. 4 Y. Il.
=. COMPANY.
>, Adolnh 1suBoh filed bill yesterday IN tho
Sss ei Sss cssnpsay csssss The snd dfe'es
tscoor, ". H. Osborn, and William Tracy for
spociac performance. Complainant stntca that
between ,, October, 1soo 9nd nnd June, 1870, tho
na1Eoaa Ire Company made 12o0 nosos Or bonds for
taotod. On each bond wore printed
certain resolutions whereby tho Company ro-
solved TINT as II WINS necessary to rafse $G06 1000.
It would ssuo 600 bonds for u 900 each, to bo
bouds, running ton yenrs; that those should DO
convertible into tho common stock of tho Com
pany, and thst for thoIr redemption sinking
fund should DO provided. TheBe bonds wero
EsS1tu f11r @,4A
agreo1 TINT no further bonds should be Issued
until those woro converted into mortgage
bond. Thosa,1 200 bonds wero thon Issued to bo
| converted into mortgage bond by July /, 1899.
ye1nbor, 1860, bought by complainant. In May,
1870 tho Company. .1nortghgod Ito property to said
Sccor 4 Tracy to secure the bonds, Which wore
to bo divided into Rovoral classos. Only part
mortgage bonds, In which complainants' wero
not included. Ho offered Ills honda to 8ocor last
November, and asked to havo them changed into
mortgage bonds Of Glass a, but 6ecor refused,
no suit II i hroHgh to comps
pnny In accordance with ttH resolutions.
] TIE nunD1CK HOUSE.
A. bill for specific performance waB hlod yeB-
terday in the Superior Court by D. 8. Low. Kato
Davis, tho Aurora Silvor-p'ato Company, Z. N,
1illotBon y. E. Ti1lotgon, and ]. q. French
against q. ". & E. Partridge & Co. Com
r]ainants allego that on tho lat OF October
!aBt tho defendants mndc nn agreement
snid dofondnnts in consideration Of tho delivery
and possession Of all the furniture, carpet
goods, wares, and merchandise In the Durdiok
House, on the corner Of Wabash ayonuo aud Ad-
ans street, agreed to pay all mortgages or lens
Oh tho furniture, etc., Of said hotel, which said
Low and Davis are obligated to pay, aud to keop
them safe from all claims Of tho Wobor Furui-
tnro Company against thom. Pardridgo l. Co.
also agreed That they would return or pay for oil
Int 1,o4n ~
for. Mrs. DaviB was to keep her own property
and have her room for d month from Oct. |,
Ihs aas Aurora silyes.r]ato Company alleges thst
for: Tillotaon Bros, Il Co. also claim that taoy
| hhd delivered 31G0 wortl, Of goods htitl unpaid
for. Low and Mrs. Davis bud givon notos for a
part Of this.
Tho compainants therefore asked that the
defendants may bc compelled to pay for sucl
goods MS they havo not delivered up, anG
that tho notes given, when taken up. may tt
delivered to Low and Airs. Davis as provided fol
by tlB agreement.
TUE CHENEY CASE
Is still on trial. Yesterday WAS consumed largely
in te -: reading ne ct Murray 1lofman's deposition,
UNITED STATES COURTS.
". Il. Carson filed d bill against Z. F. hon
shaw, Thomas G. Boyd, J. J. Button, 8. NJ
Millard,. .: ]. and ?. Dodge, ]. L. schureman
n. Davis, T, 8. Fullom and s. ". Fullon,, aut
! G. 5. Hubbard, jr., tr,lBtne to forecloAo q trus
dood for $4,000 on part Of Lot 50 in Ellis
cast addition.
The Goodyear Dental Vulcanito Company tl1et
biz for infringement Of patent against Rogo,
n. Benton.
BANKRUPTCY ITEMS.
Horace A. Hurlbut and Lord j. Smith filed
petition against Mott Smith d J. SpaiTord Hunt
druggists, on the corner Of Lalo aud Halstet
Ju{r ioT~.& 4&n&
notoa, two for S105 each, and two To-
91GG.43 each, and charge the debtors witt
having fraudulentIy sold their stock to one D. 9
h1cLain. A suit to show cause was issued, re-
turnablo tho 28th inst.
III the matter Of Leandor Rockwell. Cyrul
filed petition asking that ", H. Wills, tht
Assignee Of aaid estate, DO removed for incom
a rnle to show cause WIS made roturnablo with
in five dayH after service.
". Farwell {; Co. filed u petition against
Charles 7. Watera and Sidney Waters, dry-goods
merchants at Pontiac. Petitioners claim &c.
40l.4 duo on . note and open account, ant
Charge suspension OF payment OF tho;l
commercial paper, and Nh attompt t.
compromise at 60 cente, whom their stock mt
liabilities arc about equal. 4 rule to ehow cause
| March 8. htd provisional warrant Of seizure
were issued.
SUPERIOR COURT IN hR1EF,
Daniel Beatty commenced suit in trespaa!
against Sparrow If. Nickerson and Lorenzo r
Smith, laying damages Mt $50. 900.
George A. Childs aud Octavius Prince brought
suit for 81 900, against Q. II. Alkins.and Thomas
Burgess.
john Solicit began IN action against Philo D
: NiohleB, claiming $2,500.
Tho Frst National Bunk Of 1T. Louis suet
Brian plilrot for 81. 800.
Tho Tradors' National Dank brought sui
against s. ]. Walker fol, s2.5oo:
Charles Shoroy sued Charles McGraw fo
$4,000.
The First National Bank Of GoneBco com
mpnced Ill action Rgainst J. Z. Loring and Hen
ry Crawford for $4,000.
Henry Kingsberg sued Ernst Book for So, 900
; Tie Calumet and Chicago Canal and Doc
Company sued Mary Ann Hunt for 900.
Stewart Spaldng brought suit for S100
ngainst Alvin A. Patton.
CIRCUIT COURT.