, 1875-04-09
THE COURTS.
In tho Latest Suit
Against Mr.. GnEc,
Tie Whole Subject Finally Carried Dc
fore tito Federal Courts.
Judgments and New Suits.

Tho motnn for an Injunction In the easo IT William
7, Ayers, executor 0f Carica T. Gage, hgashst David
Gage nt!d ol1ler#-a creditors bill ffd few days
ago-csmu TIP tcfoss 1Hdge Blu1aclt yesterday
morning.
tfr. Fuller, on lnhaif OF tho complainant, rail that
in uudcsntool TINT 1ndgs DIckcy was intending 10
rcas 10 trial the f,age foreclosure au!t bcfoss fuyo
moore toiay, md hu wished 10 ave Injunction 10
prevcnt the further progrc.s uf TINT suit.
Judge Dckey sal that tho foreclosure suit wan only
10 aacestain tho amount lne fru.n Mr. Cage 10 that
ihe Tru0tos could 60 and sell untlcr the rhstdce,
Rn that lccres tnud not te had for hcyprht week..
hr. Fuller objected tha. though tho foreclosure suit
was only 10 asceftnn tho ktnouht due, set decree Of
aale wotiA bo rrndlc4tel Tho validity OF tho trsl-
decd which ho denied. ,IIo also dcclinci 10 admit that
rncb largo smount waa duo clancl by thu
cty and wished 10 have Tie question Of tbs validity OF
the irl.tlctd anccrsancl In h!s suit ruther than
III tho state Court and It was necerkary to have lem
rorary inJuustian 1t least 10 preserve bis stghta
After Sonic further discussion, Judge Hojgett er-
a'cny.whhtnsto postpone Tie htauutchs, It was dstsl
cd 10 with The nsotlon, aud s. Fuller proceeded
to read the ILL., abstract Of which was published
yesterday In The Yn1nuNE. The Ret Of tho aiicga-
n' ten na1 IL 10 s tho I T. that te tG sy ~ gsrne5
thht It sp thcsefors t Obliged to Lear any loesrn,
ns well - ahaso any prns, lt TINT It had received
about &lodo "a Interest," aud set now sought TO shit
tho whole responsibility Of tho losses Mr. Gage.
The hitter assRncd oil Ut. property To he city, and
.lnt ilt aud tho other Judgment cstsoIn wonl hc
ley without my possibility Of recovering tlo amount
Tho counsel then cited tho ordinances Of 1s73 as to
tho poxers of tic Common Council, 10 hhow that tho
rty but lower to mako iAe contracts or arsanyeen.s
Treasurer could not 10 held insurer, but 1t could
only te considered whether 10 aal tpne what ogAI-
uary prudent nau would uhder similar citculu-
stances. alr Facr therefore Insisted tnat Mr. uatts
only trustee. and the law uf trustees arlc-
trustee waa only ab1o fur reasonable care; auoAcr,
that II The cesu quo trust consented to tue srlla
ill., o IL s u. hsa scsa a u
about sl'0too was due, and ~ Offer WA 1nade 10 ss
@ g 3; rao to s r s sas a @
Hun Of !e mi. At law, md IN equitable inodr Of COL
Judge pIckey thought that the objeet u tho bill was
tn e.ot tl!o foreclosure suit uu the w4ule matter
could be determined In the Federal Court. Tie
IaiiIant asked that suit Involving laK million
,ollars ah9ad ba tied W until his Judgment should
Cosnc custody Of fIo r,oeya Of tic city, Tuo COM
ntee also Aad reported that tho money Should he
~ as f1d s ely 4a nsTs
tho 'usetttt dd not ratsy Tic loan. made hy iii.
Cage for Tho laer did no rnaho tho loans ugct Of
Ircas,fer, on the responsibility Of his bond. lio
cl.osc to give the money to the city having derived
sw 10 presant a; tro,., 20 dolng nut Io couiI not
bna tl9 city in Aia fayor unless tho net was lono
iaso Court vas @ atou to Try % the very % question a. 10
whether Gage owed anythins and he had denied tlis
dagt although n0t In form, no tnat nothing would DO
gtincd BY chango to tho Federal Court.
his ssat lid re consoa ,st @ to 1i'' ssc liz m1,aus ra
tnerE. Tho lnohioA whether thu cea was valid
oF ,ot hinged on tho validity OF tic lrosisios of tho
Al ,ho conclusion Of Mr. Fuller's argument, Jnase
blodgctt refused to giant all .njuhcton. TIL lilo
groo nt s sIo ;uess' nnsr W.T. ~ sotto
tlors Mr Fuller the dismissed bis ill., died bis peti.
tton answer. aud cross-bi' IN tue foreclosure suit tn
nstf
TO ths United atales Circuit Court. pursuant 10 tho
late net q Congress mud tho decision Of juEe Drun-
In having his casa hoara ii, thu Federal Guust, aud liz
t'ullsier will dciay tho a.a for Bos,,o mouths.
n1LL FOR NECoSyEYANcE.
George ". 1sosBetscr, Clar rca J. Nosseter Frank H.
Leay!st, Martha A. ltoasct.cr. Mary g. Leavist, uul
Mary 4 4; Il ltos.etter alel b aaainst John L. Auaur
and Richard N. Robbins, for recohysyauee u ccEt4u
!hsy ire heirs Of law af Asher eAsct,sF, WHO died IL
qaastsIa tntsrest i S!ico ssses q she n. l.
irassonsl quarter ct tsactioual Sec. 81. o. il. aso
IL II As ceaso S4ess
avenue aud t!o Chicago road aAo strip land on ts
IL oa III to &C. IT.
On tho corner Of inzte and HUSH streets, whsro .ho
oii Like ltouse formerly stood, another lot bounded
occupied Iy hi,n III hiH lifetime as nauufaclory and
!aaty. = block between Canal street ana tho tiyer
death sone Of hi. ehsen novel aasss .aay as
otIcra no.s aud uctuing was done to save tie
Of 'h ae isasf hs eeda II ,e IL oe t.1rs
ss ali Il s 's be's asseea ad9 10 ss H.
up. tbs iit!c. Tue dc!cndsn,a agreed 10 do al
ts1s ronS W. .tost,n.n,y Y buying tax titles
Jay ts IS psr ee a1e Of tSsar
hass, aud tho land WAS transferred to tls,n. Coa-
70 1ee .ass Ts
a lha limo Of The aHreencnt, tnso!vunt- They tlcro-
fore ask 10 AhYa the contract aunnte, au Injallc-
n finSuu uIps
der ii.
To-day is tho hst day Of service in tbs Circuit
UNITED srA1Es counrs.
Nntlan Matthews commenced suit for t1o,ooo
lsamse Nsttletou, executrax of tho estate Of Nelson
g: huttlsso9, began az aetion to recover a2ouI Of
stetAen A. Goodwin, z. q. Larnea, and H. q. T0Nlo
aulEltIOh COUNT IN untkF.
~. 9. DAWSON co.nmeucea suit sgaiuat yan II.
Higgins claiming t.5.ooo damages.
The First National lank OF Rockville commenced
'n: ~ 1or t!uo 1ga'aat u r. Murphy and y. r. Allen.
eat to forelosc atrn*aeed for 3l.5, on loss Il au
II sx - '1ss y 2 Wzen suS4!ylslo' e the e. u
", iQ, II.
THE COUNTY COURT.
ons va. asaG ny iAs cs ana ao FL
4Mnsss 4a,ra Charlotte aIs'1sf oh5s.ns ssleppsr
.'fa!asl he,r bory, and gssn nto tha custody q
Tue will Of Adelne II. Drown ras proven aud let.
tefs t91taa'cuary 'ssaoa To letter FISH, uusar ap-
Augusta uodsschats vi. appointed :aasnsassratriz
OF ns estate q Conrad bodenschatz, under Aproy
tueIe was no buslnosa of special importance trans
acted ~ ttts Court yesterday. TAcre wsss 10 jury
saa but several minor cases alsiose4 Of BY the