, 1875-03-11
THE COURTS.
County Must Pay Its
Bonds.
Summary of tho Decision by Judge
Dlodgett.
Tho County Court Has No jurisdiction
In Contested. Election Cases,


nA1LnoAD-AtD roSDA.
4 decsion was given yesterday morning BY
Judge 1todgott in tho cass OF Warrcues IT, Tie
County OF Kanhakce, which inyosed new point
IN the lan OF railroaJ.ald bonds.
The suit was brought to recover on eigAt cou-
pons for sl00 eact, iss,lcd by tho County ot Kan
kakce, Tor interest maturing July 1874 aud 1871.
on railroad bonds Nos. 10, II, Il, aud II, Issued
by Knnkakeo County to AID tn tho construction
Of the Kanaakee Il 1l1lnoir River IlaiIsoad Tho
bondn purportcd, on their face, to he In a}l Of
tho Company, pursuant OF tho act Of tho Leyta-
lature OF ths State to euaLlo ci,ies, towus. or
communities to Issue wl,at are commonly known
~ - rnilroal-ald tonds.''
The defopBe interpuEed vas It, Substance Tint,
after tho county had voted tile boDtIs III aid or
the railroads, but tefore actual delivery, t}lo
Company had consolidated tn ntock anj fra,-
chlHes with the stock of railroad corporation in
! Indiana known az Tie Plymouth, KankuAee l.
Pacific Railroad Company that said co.,-o1,ia-
III writing by all The stockholders OF tlc Con,pn-
ny resident In the Sat, Of Illinois, and aIsp be-
ca,Ho thc Kankakae d Illinois Liver l.aitroad
Company hal no road constituted or In PROCESS
Of construction ut tho time said Kankhkee j. Pa
cI,ic Railroad Company was charteruu.
Tho Court held that the defeudant could not,
collnsasally. qucaton the validity OF tho con
aolldation IN tha prnsent hui:. III were illegal
Or irregular, |. could only 10 inquired ,u.o by
suit In tho nature Of quo wafranto properly
brought by 4 ntookholdeF for that purpose. and
that it did not lie in the mouth Of tic defenIant
to question or nvoid iss liability for It's bonds or
contracts by attacking tln consolidation inIiroct-
". II appeared. from all tlic pleadings and all
oG}eots OF the consolidation accomplished
tAat tho consolidated Company lad, in
fact, succeeded TO-. aud in some
maanor o1on:ised, tho t'Hhts and franchises aud
uo1 cF$ In cti,,
which It was composed. In otllcr words. It bo.
came q corporation do facto. aud uHed the fran
chses and powers Which It claimed to exercise,
and while 10 doing contracts Made with IL and
without inquiring into the regularity Of tho oou-
soltlation itself. II also appeared that tho con-
aolitaEon wAs made under tile general lsw Of
thls State, and that there WAS no rregularity or
want OF compllancs With tie provisions of rlls
law except IN the failure to obtain the oon-
sont Of all tho stockholders. 1t was
mot claimed that the County OF kankhkco tsolf,
lilo defendant, did not consent. bnt That al tho
bockholterB did not consent. Ills county could
not set up this dolcnne tn Ito own behalf i'll tho
manner Il had attempted to do. fur it had laln
by aud allowed the consolidation in SOME form
to take Offset, aud Ind allo6edthe consolidated
Company to put tho bonds In circulation. The
Donda had been purchased in the market, and
fat aB tho record eloHod, held by boua Gde
holders, who should be protected.
Tho right OF tho Company TO consolidate, uu-
der tts charter, aeen,ed limited, but that did no.
tnko away tho right from tia Company 10 con-
solidate under the general law Of the State by
complying with Ill tho provisions Of that law,
except tile one named. which could not 10 maio
available In tha l'reeout case. Tho demurrer to
tho rebuttcr was therefore sustained.
Tie question: In tho case, 1t will be dcen, wero
fatRed on tho demurrer, but tue decision OF ths
demurrer iaYDlvod tho merits OF tic case. Tho
amount involved ~ s1G0, ,u00 mud Il s understood
tnat tho county will now procoed to pay without
further litigation.
4 rAtTHLKsB PARTNER.
0eorge 7. Farmer and Sidney +. Walkes !lletl
q bill In tic Superior Court Yesterday against
thelr former partner, e. L. Goodrich, to compel
plainan,s state that in September. 1878, FaFner.
Goodrich, and one II. +. ElLred weto engaged
in the Insurance brokerage business unler tho
tirm name Of dood!lch. Farmer i Co, The 1st
OF Sepsotnher the busnosh Was changed, Eidred
fotirlng, aud Waller, one OF the compIaiuants,
taking hs place, With IN equal interest in tl4o
business. Prior to thin time aid ia Al.
gust. 1873, It Is charged that Goodrich,
!h,olng a'ready indebted to tho firm ii,
still further BY check for sJ4la.5U which ho
etguod With tho firm maine. Tlis uouey wau
used i, buying Lot 81, Dlock s, Of JOHN Won't
NostEl'H Subdivision Of tho y. 60 acres OF tho W.
= q the n. ". Il Of Bee. 81, 49, II. tho t'tle to
which wy placed in the name OF his wifo, Cor
noits 4. Goodrich. Shortly after Goodrich drew
four moro checks, to tie aggregate eum Of
&9l2.60, which we're used in paYlus for material
with which to build hou1e on tho lot aboyo
nodtoned.. Again 10 September. complainauta
allege Goodrich drew another check for el377.
siRnad with the ilrm natne, with the proceeds
OF which he cleared Oh son,o incuulbrat,ce
on Lots 2, 8, mud OF Woods llcAubliyis,on
Of Lots 90 to 25. i'll George IuE1am'n Subdivision
Of tho n. i. acrcs Of tie n. Il Of tho N. u Of
ths Il. ". u Of Sec. 4, 3s, II, aud conveyed thein
also TO h!a Wlfo. stlil aYAin, Gom0Ianknts allcEd
thRt Goodrich, whom ho took trip East III tbe
carly part Of 1874 drou drafts OH the iirm to tho
noss for the tltm. They then suspected it wsA
hls inteuton to ruin THUR credit, and gave him
notice that tho partnership Was Dissolved.
They now etato that Mrs. Gnourscl did not
above 1ucutoucd, but tlat IL was wholly !
bought viii, tho ilrm money; that Goodrich Aas |
often promised to reMbur.e tLom for hls OVER
drafts, but liaa falal tn DO no. and ~ not worth
llrn ansesy, .~larctore tiiey dou!re thst tlo |
ltte to these lots ln4y be dccarod to be 1eid by
Mrs. Goodman in trHst for taon, and Tint slle |
aud hcr husband may ho Eeasrainsd from selllug |
". ii. swift, J. il. Solsn, tho Travellers iusur-
snco COMPANY, II. +. ltoenan. J. ". johnson,
h. H. Chapman, and ll0raca NJ. Chapman, who |
:lanl somo interest i'll tho promises, are made
UNITED STATES couaya.
lsufns 1faYMood began ault 1or -, 900 against
hs City Of Chicago.
David &. Gray iled = bill against the Whining.
on Coal sl!nlny and Manufacturing Company
md John u. Watson to restrain tha collection
u ts1oa on Tue capital stock Of the Company.
Edward +. and hamuel l.. Fuller brought Bnit
'gainst tAe Manufactuse1s National Bank. claim-
ng e.. 600.
q. ~. upton. Assignee Of tho Great Western
nsnrance Company, sucl William U. aud Nathan
l. Drown for VI, 500.
nAsxnurzcr ITEMS
benjamin Walton, miller aid warehouse
aan OF falrbury, Livingston County, tiIed i
o!nntary petition to DO aAjndgea q bankrupt.
lis liabilities are 80,l75,Vl, and hls ass6te
~, lt7. T4H case WAS rsfotro4 to lieylBter
futdon.
q: Y. Campbell was appointed Assignee Of J.
Y. Sykea.
SUPERIOR COURT IN BRIEF,
l.. 2. llllllar4 4lad bill sssnlst 0aoFgs
tsfr to toIsclo.s .noftgaKe for tJ2so, gu l.uts
d H. ba aud 81, Of block /, lu lIIl!laEl & Dob
,ns' rsrst Addition 10 Washington Heights
Charles 4, Nixon began \ nuls in rellsysn |
sa!ust George ". Simpson to recover q. lsamo
n Nrrfk T1p;o pH |