, 1875-02-13

bnt that IT waB hot fhylHK llA GFenltoEH tnat
Holmes, tho President Ind appropriated largo
amounts, and pnid some debta. md that tho
bank had upwards Of q1,000,noo IN fla
ya,ll.B. A demurrer was fled by tho bank Of,
several gronntls. First, because creditors bill
could not be maintained At tlIo suit Of one croi-
tor against all iusolveut corporation. Second,
that q i1ccoiyar could not 10 appointed for
National j}ank, except by tho Comptroller Of
Currency. III tho cnscs provided for bv tho DaN's-
!ne sas and third, that tho bank having gono
luto voluntary liquidation undor the prnviHons
Of the nariug Law, ts settlements with creditors
wore valid and could not be inquired
into, And consequently. no discovery
could bs required III rogald to such
settlements. pud no relirf had agaust
them. nor could my discovery bo had except az
to proI erty In tho poEsessioi, Of tile bhnk at the
t,tne tho bill wAa filed. Mnreover, 1t waa araned
that no Injunction could he iaa'iad to restrain
tho continuance Of tho voluntary liquidation
provided for by The Danking law.
Tho complalilhnta council charged tl,ht thoro
had been fraud perpatratad; tlnt Holmes, willie
carrying OH tho voluntary liquidation, had settled
witt, tho Government, md got pnascsRon OF d
largo a. ii, lumber Of bo,,da that tho voluntary
liq,liiatlun proceedings werc o HhRn and fraud'
did thar, All tAoy woio not successful in winding
vp. t.e bank, Court of Elninty n,.h1s Ind
t;oyerument hnA bcon settled with, aud tho bank
mt in voluntary liquidation tho }uFladset,7n @!
tho Attorncy-Gene.n! to appoint n Neee!vor
ceased leaving the nat.er to suo discretion Of
! tho Court GU presentation Of proper bill The
argument on tho demurrer and Tor lsccoiser
occupied the Rreatcr part nf tue dny a!ld tue
cass was tnken rnhlr n,aGisenent BY the ,!na;a
WHO will recolyo further wrltton b'fcfA- ~ the
point In entirely now as to wlIoltier Nationh!
hank ia subject to the jurisdiction OF d Court Of
Equity, Or only an,ouabfo to the pro-
visions Of tho National ha'tk'rg law
Alessrs. Gardner tS Schuyler appsarta III the
complainant. and Tenneyg, Flower, nal Aec.-
crombts fDr tho bank.
THE CHICAGO aoUTHEnN HAtl.RoA'' 80,
In the case Of BARNARD LoewetlsEhl ". Ihe
Chicago. panriI'e Il Vincenncs Halfway Com
rnny. lilo Chicago X sou!lacrrt lsairond Company,
and others, demutrcr was tiled to tho bill and
9saea nhG"t week aEe soa;on ma yeasr saa
Day morning sustaining tho demurrer.
| Hs Had that although, tllo facts In tho caso
could DO such. If sulcieut}y stated in the bil!
| fllod to cntite tho complainant to tho relief
rraved for, yet tho facts did not 20 far enouah.
| aB stated to show fraud, or to show that Tue
colnrlatuaut Ind eitcr in law or equity lien on
tho road. Leave VAS, however, given to amend
the bill NJ to make tho ehasgna moro spec'.ae.
WITNEsy-FEEs.
! JulCo Tree uf.or consultation with Judges
| ToEors and Booth, Inns lust tnade ruling
| which will eovarn thu allowance Of witnesH-fees
| in tho Circuit Court:
| Firs{-TLo fees plust 10 claimed during tho
term at which witness attends or during the
next succeeding term. II the necessary affidavit
IL not filed within tAat time the fees will not be
| allowed.
Second-Feee can only he allowed for attond-
! Ance upon those days WHOM tho case Ia actualty
upon the call.
Thard-If tho witness comos from anothor
State, mileage can bo allowed only from the
| State line. .......
plainsin. and Holmes, Nich Il Nobio for defend-
| DIVORCES.
Annio 1Iagerty hesB to be divorced from ter
husband, Oliver Hagerty. on account OF his ha-
bitual drunkenness mud cruelty.
| Mary 4. Sweeney, in q bill 1ed by her for d.
| rorro from Thomas Sweeney. sets out Bomo nnvcl
grounds, slo says that in 1867 when Bho was
her fatIer's house three timos; thai when no had
made his second visit her fatller asked her II sha
would marry him. Bho refused, because she did
not know him nor lie him. ner f4thor, how
| ever, persisted. ordered q carriage, aud COM
pollcd her to 60 to church and have the ccre-
| mnpy pronounced which mat2e her the wite Of a
man With whom slo had scarcely over
| spoken, and who WAS moro than s"fco
uoeks, when her alater visited her mud ofYcsed to
hsinE lez hero. Complainant enbracod tho op~
portunity. and for eight yoars has been living
Ilere. Boon after sho Left her husband her
T. u
ou train to take lar hack home, but she cs-
c4pctl. and has since lived without moestatlon.
Sla now aAkH thnt tile marriage may be declared
null and void. because It was entered ihto on her
| park Bolaly through tho threats and monacos OF
her fathert whom HLe WAS accustomed to oboy
implicitly she aays, and who thus forced her Into
SUPERIOR COUNT IN BRIEF.
Abner Mnl!on, Abner h1ulen, Jr.. mud J. d.
| TnYlor commenced suit against James aud Ira
| Couch, claiming - 900.
| Y. 4. Turrin, Receiver Of tho Atlantic 4 Pa
cfc insurance Company, tiled o bill against A.
mortgage 1or $4,000 on Lots and s, l,lock :,
ct the First Division Of Riverside, in soc. 35,
90, L..
c1Kcu1T COURT.
| Albert jacobson began 3 Buit in reploTin
against Frederick Furtherman and Fznncis Az.
nav to recover three biard-tables and aome
couutoEH valued vt 81 900.
Hugh D. 1lay commenced suit in attachment
against Thomas J. Foster to recover SIS, ALL,
THE COUNTY COURT.
In tie matter Of y Kclloy. III, inaolyent dcbt-
or Jury waivod, aud caueo submitted to the
Court, who found for the applicant and ordered
his discharge, and judgment Ill his favor fot
costa.
In tho suit Of George IL, Loon ys. Georgs T.
1.uou, for tailuro to support it appearing to the
Court that thoro IL no Failure Oil tic part Of the
relations 10 support tho child, the case Was dis
nissal.
1u the matter of tue estate Of Michael Two
hey grant Of administration to Mary TwohoT
under an approved bond Of $4,000. 1lelnquiah.
ment OF wiuow flied.
| CRIMINAL COURT.
fIonry levls md Michael q. Mcdonald, wlle
wore indicted Wednesday, for keeping common
9anlpg.housea appeared before tbn Court Rilt
gave bail In bonds or = ,0o0 eAcl tor thoir np
pearance when called Tor trial a. s. Tiudo ant
john Walpola qualiiod ~ suretias-
Jacob frevansky pleaded guilty to tho larceny
Of 60 eenta from j. j. AambTight; sontenco aus
pended.
Edward Chsistihn pleatlotl guilty to tle larceny
Of book from sbs Public Library, mud two
books from the Young Mon'a Christian AHsocta
ton sentence Buspe1ded.
Abbott Hoheldasnen plehded guilty to the lar
ceuy Of uiuo pnol-bals from Joseph Dochor; sau
, tonco Ruspcnded. -
|! Andy DouRhertY pleaded guilty to tho larcen,
Of harness from Bridget Harrott remauded.
Ha,ah Fitzgerald, tried for tho larceny Of q
, yards Of embroidery from William pancratz
ve1d,ct guilty, aud sentonosd to six munthH' III,
. prlsoulnont il. the House OF Correction.
James Hurton, tried for praotieiug tho conf,
dcnce game In selling 10 Charles Maynard ,
, suile watch for 40; VERDICT not guilty.
.. Jeremiah Yitcomb Indicted for keeping &
gaming house. was on trial; evidence heard ani
A.