, 1874-02-20
Tho Ncxt Step in tho Howell
Cnsc.
Continuation Of the Cheney Matter''.
New Suits.
TIE HOWELL CASE.

NutCu dt&to8 tuaE bDEcEal u tAo pGE6oue LOW
disappeared, and that thoir dopositions canno
bc taken, and that these arc material parties. ,
These depositions having been copied from
tho reporters. notes voro ofEorod in evidence OF
khe last trial, but wore excluded on tho grount
that tho mode which had boon employed was no
tho proper ono for restoring the record. I'll,
motion is mado thus carly go TINT the plaintiff
can hayo sufficient time before tho next trial tx
determlno Ills future course.
b1r. Sidney Smith, on behalf Of tho Insurance
Company filed objections, on tLo ground thnI
thore WIS no authority iii law for such step
because no Deposition can bo restored, except by
certified copy by tho Olork and tho seal Of the
Court. Tho second section Of tho act Of Con.
gross relating to lost records, approved Marcl
Q, 1871, was only applicable to records tcohni
caly so called. Tt should only apply in case the
witnesa bo doad, which had not been shown
Again, no copy Of tho application had been
served, nor lad sixty days notice been given
MS required. No wriston application had boon
filed, rs required. Judge Dlodgett took tho
papers and matter undor advisoment.
This case, 1t will be remembered, WIS tried
about threo months ago, at which time the Jury
disagreed. aud another trial will probably be lind
nt tue no1t term in April.
POOR cLEAnY.
satiaaed with Collector Cleary's proceedings.
Alassrs; Million, Watson 4 Co., bankers, fled q
bill yesterday, III tho Circuit Court, stating that
aomo porson, claiming to be Deputy Assessor
called on then in tho summer Of 1873
for the purpose ,of assessing their property
for taxes. Complninants did not undorstand
tho mode Of filling out tho blanks in thoir ro-
turn, but made 1t out tho bost they could, and
County Attorney, who WAS then abaent when it
could be mado out under his direction. When
the Asscssor madc out his list Of taxable prop
orty Of complainants, he copied iute the blanks
tended to DO included, and in his return assessed
tie to Tho tax Ess on 5afaa 4s q q
the rdte Of clio mills, would bo 5715.24. COM
Isoua Randn' ays sss' ann s thof % ss s7
tho stato Boil Board " nbaurdiy a raj raised iAotfo tfo
ynlue ct money Gs Per cont yet they aro willing
Sss 2o4 With the g por cent added which would
DC *23l.03. Tho Board Of County Commission
era haye only assessed them on tic basis Of
Sa.l7778 aud tho South Park tux Inns boon re-
tho tax over l09 which has been assessed to
thom nay be set aside aud declared void.
- THE INTERNATIONAL pANK.
motion for an Injunction was mndo yester-
OF the international Bank against r. II. Olonry, t,
Collector. Tho allegations on Which the injunc-
tion is asked, aro TINT tho Revenue law com
mands tho Board OF Equalization to asscBs tho
tho. Assessor had done it, and thnt the State
noard had only added G8 per cent thereto
TINT therefore the asBessmont was
void, aud tho tax could not bo collected, Judge
had certified the amount computed by the As
eesHor 10 tho Auditor, 1t was to be doomed their
net. Tho result vas whnt WAS wanted, The
means by which officers arrived at their ends
q n lin %Ne rlss
not do to follow out tho details OF tho mental
operations Of tho Assessors. II tho result was
correct it Was sufficient. If tho tax was wrong,
they have remedy Ct law. They could pay tho
ton was therefore overrulod and demurrer
having been tilod tho cnso was dismissed as on
demurrer. Az appeal WAS asked, aud allowed
under bond for $780,
THE PACIFIC HOTEL COMPANY
expect to hlo supplemental bill to-day Bubetf-
tnting tho nnmcs Of tho present Collector and
Clerk and alleging certain Irregularities in the
manner OF assessing. Leave to do this will DO |
asked to-day before Judge Williams.
DILL TO cLEAn TITLE.
Wilton Marks filed bill in the United States
Circuit Court against Hugh Lewis, Alexander
Bell, and Horny Dwerill to roleaso o lien under
ant atatea ho is the owner Of the s. z, X of Lot
so OF ELLIS cast Subdivision, being No. 1l0 Lake
avenue. A formor owner, Henry Dworill, in
1866, bud Judgment entered against him. and
against ono Alexander Bell, for s2,210. Dwerill |
croo on creditors bill tho aalo was declared
fraudulent, and the property held to be subject
to tho lion Of this Judgment, In 1868 Dwerlll |
won't through bankruptcy, and WAS discharged,
Hugh Lewis, in 1867, obtained On assignment Of I
the Judgment against Boil aud Dworili. and now |
throaloue to levy on complainant's property. I
Marha charges TINT Lewis is not q bonn lde
hoIdor OF tho Judgment; that le has released |
the property for value; that tho judgment lien
haa oxpirea; and, in view Of these considera-
tions, asks 10 hayo it declared void, and the
cloud removed.
CONNECTION.
In an article yesterday CONCERNING the law OF |
forcible eutry and dotainer, mistake was mado
concerning tho ruling Of the Circuit Court as to
appeals iu auch cases from Justices Court.
taken as tsr to the reasS saplemo court a
practice Of tho Superior and Circuit Courts iB
thus uniform in holding that appeals in cases
OF forclble entry aud doainar will only lie to the
County Court. The information wns obtained
solvcs or their attorneys.
THE CHENEY CASE.
The depositi0nb Of Drs Seymour and Fulton !
and the 1sy. bIr: Adams wore received yester-
whether Minister could be leposed without
boing tried. Aud the point in iaBtio seomg to bo
down as to whether Cheney was To-
eatly tr'ed discussion arose again on tho
f. |
Cheney, to be sent to the House OF Dshops and
Judge Williams ruled it ina1msHsibls as not
llying been ever published.
DOWEN,
Sarah A. Campbell filed petition against J.
:. Scaulnsoll, John L. Clark, aud John D. jon
inss TO havo hor dover sot off to her. Sho
clalms that hor husband, J. B. Campbel in Ills
Lifetime owned Sui1.lotb l, 2, and 8 of Lot Of
George Smiths subdivision Of said Lot 4, Block
30, original Town Of Chicago, aud that sllo has
never released her dover iu tho same, though tho
defendants nlego she has Wherefore she prays
Ehat it may bo act OF to hor.
UNITED B1ATE%ooURTe.
II. 4. Wright ard T. D. Huyla1n commenced
s,lits against ba1nuol J. Waikor and Joseph i.
Young laying damagos ut $4,000 In oaoh caae
Lew J. Mabie, G. ]. Murray, g. ". Morgan,
and j. III. Aloaao Hnod W. II. Adams and W. II.
Ferguson for 81 QUO.
Thomas, Tl,on,as II. and George D. Feary
1ronSht suit for II 800 against Leonard Miller.
;. r; Latl'rop began suit for 81, ,5U0 against j.
II. +. WOlsetoy, AgafDnoo of r. a. Tirl,te Il 4