, 1874-05-23

mootlng OF the minus or tAeao parties as iB naC
ossary to valid contract. Lclnnd's Testimony
la quite fair aud apparently, impartial, while tlt
plaintiff seems to havo boon quite disposed te
argue tho case as 10 went along. This is natural
but ho may have in hts anxiety iusensibly
colorcd tho facts. Harrison is party
while Leland ia not, aud It must
therefore bo presumed that there was misap-
have boon guilty Of aomo laehes. They knew
very soon that tho defendant did not foel bound
to takc tho whole consignment, and, as they
know that thoy we're acting with an agent, it was
only right that they should place themselves in
load received by Washburn, ho should pay for
that, ho having takon and 11Bed them. The car
contained A53 bushels, which at 80 cents BUSH
Of, tho market prico, will be s2a6.60, for which
amount with Interest," Judgment was therefor
rendered.
EoAMMoN's TROUBLES.
Yesterday was tho day OH which &r. scammon
was required to flo objections, answer, or do
nnl to tho petitition IN bankruptcy recently filol
against him By the United States Mortgage Com
pany. He did neither, howcvor, but his counsel
Judge Trumhnll, hnd conservation With Judge
Hopkins and verbal agreement WAS made by
which tho time was extended until this morning.
It is understood that 0 general donia1 will DO
llod-
4 oUpANs TROUBLES.
:. A decision WINS given yesterday afternoon by
Judge Williams In tho case Of Hernandez against
2. Y. I1aughwout, F. B. Nicol. W. p. Cahill, W.
B. Davidson and J. B. Drake. It appears that,
in lg64, Hernandez owned several acres on Weat
Lake street, near the park. Boing non.resi-
Gent a the care Of the properly wag Ytycn to =.
gaa-furnacos. and not. receiving payment,
began an notion in attachment here, and seized
this land. 1t was subsequently sold under exc
cution, but after the sale it was discovered that
taohed, and WAS therefore void. 4 second cxo-
oution was obtained and tho property
again sold, Drake becoming tho pur-
chnacr. Hcrpnul}ed files q bill claiming that
tho proceedings were irregular. Drale's title
void, and asking rcconyayance. Judge
Williams rendered decision yesterday after
noon. The first question, he saia, was as to
whether tho Court had Jurisdiction over tho
could not sot aside tho judgment. The pubiioa-
it must be held to havo Obtained Jurisdiction.
About the second execution, there could bo no
The point on which the case wau decided was
In reference to tho SECOND salo The legal points
Of the case are we'll set out III Sc illinois s1s.
Tho question Ia not FREQ from doubt, but the
Gs ssa RR R,Gifs 81 it, he prases sss il ss'es ss M
1904. He says he had loft tho affair in the hands
Of Howard i Co., but ho docs not saw
that ho authorized them to nay tie
taxes. Their services were CONNECTED
with tho foreclosure, II Ia nImost
unprecedented that man should hayo boen
guilty Of such lachos, II 10 supposed ho had a
good ttlo 10 It. aud Inn Court pnnuot eanotion
Snch conduct hut he onnears to have acfoi} i,
a sinilar manner with his othor nrouorty. tI'ha
Court should not in e1oh a oaea wlora thore
is an indobtodnesa. strain poiut. IN
view, therefore, OF tic conduct Of tie
cunplainant md Of thn cxistonce
Of n lora1 iniebtedneae. tho Jmdce
him. or to do moro tnan ho was ohigcd to do.
Hernandez ought to bo remittcd to Ais legal
rirhta arn,nHt Haucj,wout 4 Co.. who sa0m
n15nndantiv rasnona;i,le. The I'M wsa tLnrafora
dismissed }or Want Of ouuity. ''' ""' '''o''
pr11, ron srEo1FIo Performances.
Carol Gaytes filed q bli yesterday iu lie Supe-
r1or Court against Mahlon b. Ogden aud tue
Ohioago j. aroat Western Land Company for
tho Riynrsida 'Tmnroya1neut Oomnany raye eAIs -
trust decd on certain property to Ogden to So
land 10 s oonyoyod wore Lot sea in Block a. and md
Lot l,1s9 in Block ~, both in tho Ihird
Division of Riversii]e. On tho 20th Of Nfarrh
last some Of the property was sold for non.pay-
mcnt Of interest and Complainant became tic
Iho noxt day after tho salo, lle called
ter refused to give it, and has again
advertised the land for sale for NAV 28. Com
plainant has asked il bis lots would bo sold thew
boiug included In the ndyortjsamnnt Int ina 1,ot
been able 10 elicit any satufactOrv answer, Fear.
ing that they will be sold, ho flied . bill for an
injunction against the Trustee, and OBTAINED an
injunction.
MAynow Y. F1sE.
A declaration was filed yosterday In tho case Of
". 3. Mavhon against p. D. Fisk. The plaintiff
claims that the defendant called him a thlaf.
liar, and rascal, aud charged him with yarious
illegal and diHhonornble transactions. The dam
ages are LAID ut 100000.
ITEMS.
Judge Hopkins Will probably call all motions |
for now trials this morning.
Judge Burns will mako q peremptory cali of
motions for new rials
UNITED srATEs COURTS.
Leverett g. Kellogg began suit in trespaso
againat tho ProtootionsLtfe INSURANCE Com
pany, L: r. Hiiasd, Martin ky4u, John Aold,
@10,000.