The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-31
yer the bill Of ladlng on the acceptance Of the

Mr. Justice strong delivered the opinion
PRAcricE-sILL or kxcKrrIoxs-wHES TO - noxxn'
No. OF John Muller and John thinner vs.. Louis
Ehicrs-Iu error the Circuit Court Tor the Eastern
STIPULATION in writing filed with tho clerk. waved
Jury submitted 10 trial by the court Pursuant
10 this stipulation trial was had at the October term
Al the next term the 2Sth OF April 1873. the
Court found generally for the plaintiff whereupon the
continued until the next term, when the 18th OF
July it overruled and judgment entered on tho
On tho c5th Of July 1873 this writ OF error return
able on the second Monaay OF October then next was
sued out and served, and on the same day superse-
IDEAS bond approved and fled The eta
tion filed August 4, 1873 Down 20
this time as appears BY tho record, no bill
been special finding by the Court time was not
given either by consent OF the parties by order OF
In this condition 81 the case tho Court adjourned Tor
the At the next term, the 9th October, 1873
and after the return day o. the writ Of error o q
OF the 18th April. 1877. II nowhere appears from the
record that this was done with the consent Of the
plaintiff or with his knowledge It's for errors
appearing In this bill Of exceptions alone that re-
versal the judgment Is now asked II perhaps suf-
cently appears from the bill OF exceptions Is 10
be taken Us part Of the record. that the rulings
complained OF were excepted TO In the proper form
bill OF exceptions died. signed rendered Tor sigma
ture or prepared, before the adjournment Of the
Court the term ut which the judgment was rendered
~
on the part or the defendants ask for tho allowance
Of bill Of exceptions, either during the term after
Of time for thai purpose No such extension or
time granted and TO consent given. Upon
the adjournment Of the term the parties were
out of court, and the litigation there at end.
The plaiutin discharged from further attendance,
all proceedings thereafter in bis absence and with
out his consent coram judicc. The order OF
the Court therefore, made at the next term directing
that the bill of exceptions be filed tue OF
April % 1873, was nulhty. For this reason, upon
he eago 40 4
though returned here cannot be considered part OF
the record. Alter examining number Of authorities
the Court declare the true rule to be that the excep
tions must be reduced 10 FORM signed and fled under
ordinary circumstances, not later than the term at
which the Judgment was rendered.
The Chief Justice delivered the opinion.
THE woo CLAM-REvoLuTI0SARr REMISIscENcE--IN-
rEREsr on DISPUTED CLAIMS AGAINST THE GOVERN
No. $751; The United States VS. Archibald Mckee
and others-Appeal from the Court Of CIams-The
region OF country called the Territory Northwest OF
the Ohio River which is now filled with population OF
many millions and divided the Union,
was not undsputed in the days when that State
province OF Great Britain. The French had numerous
settlements there and sne government Of Great Britain
claimed both by the acquisition Of Canada and By set
Element large part or that loosely defined country
They had their military posts there well peaceful
villages. The Indians also denied all right OF the
Colony Of Virginia to rule them, and some
OF the most warlke tribes OF that race
right the largest part the country During the Rev.
dictionary War General George Rogers Clarke, acting
under commlsson from the State OF Virginia fitted
wariike expedition, and, starting from the Falls
OF tho Ohio now called Louisville made his appear
suddenly before the military post OF Kaskaska
then held by the British, and captured and several
other posts and, in the OF OF the most
mantle campaigns which the history OF that region
this day affords, eccually settled the right Of
Virginia supremacy In that quarter.
General Clarke was not very vigorously supported by
Virginia IN tins enterprise Tor y occurred during tho
War OF the Revolution and that Commonwealth, she
now called herself, was engaged in more pressing
affairs. IL seems however, that the State had in Now
Orleans agent whom Clarke drew several drafts Tor
FUNDS to aid him in the matter most OF which paid
In the year ITS he drew Of these drafts in favor Of
Francis Vig0 for IS GIG, which not paid for want
of funds THIS draft given for supplies furnished
TO Clarke's regiment and has never yet been paid II
does not appear thu the State Of Virginia ever denied
the justice OF this debt but by the finding Of the Court
OF Claims from which this record comes TO APP
peal it does appear that officer OF that State called
the Commissioner OF Revolutionary Claims, examined
INFO this in tho year 1885, adjusted It. includ
ing interest," at 1915 So. In the course OF
the nssoson LOT ns es1y,u 81 e
of tho resolutions passed by the Continental
Congress October It, 1850 70 Journal OF Congress- 2ls
was that when ceded, sthc necessary and rcasona
BILE expenses which particular State shall have in
Cured the commencement OF the present war In
subduing any British post In maintaining forts or
garrsons within and Tor the defence or acquiring
any part OF the territory that be coded or rcln
pushed TO the United States, shall DO reimbursed
The debt represented by this draft comes directly
within tho language Of this resolution, which was re-
peaed by the rgna Legislature in the act Of cesson
The Court find difficulty IN coming to the conclusion
that the claim just one, and that under The act Of
Congress providing reference TO the Court OF
Claims It ought to be paid. The only point OF doubt
was US to the allowance Of interest," but this like
claim ia money which interest has been allowed,
and as the act Of 1872 authorized 10 be adjusted upon
the basis adopted in other like claims, interest ID a.
lowed.
TO the interest Justices Clifford and Hunt
OBSERVATION-DISCLOSURES CLAIM AGAINST THE ESTATE or
BAxKRUPT-wHEN ALLOWED
No 113. j. Young Scammon W. Mark Kimball,
assignee Of the Mutual Security Insurance Company
Appeal from the Circuit Court for the Northern District
Of Illinois -Jur'sdiction is vested IN tho Circuit
Courts under the Bankrupt act concurrent with the
District Court for the district All suits Mt law
in equity, which may or shall be brought BY
bankrupts estate touching any properly or
rights OF property OF the bankrupt transferable to
tho appellant on The Sd 81 May is7s ed Tho present
bill OF complaint in the Circuit Court against the APP
pciiec A. assignee Of the bankrupt company described
in the title OF the case Prior 10 thatto wit, on the
9th OF January, In the same year--the insurance
company duly adjudged bankrupt, and tho
the assignee Of the estate OF the bankrupt company
Satisfactory evidence rs exhibited the record show
that the company was duly organized with nominal
paid and that the residue by the OF
the subscribers Provision Is made BY the charter that
the stock and affairs OF the corporation shall be
aged and conducted by any number OF dircctors-not
moro than twenty-five nor less than nne-to be
chosen by ballot from among and by the stock
holders Directors. il IS also provided shall
choose out Of their number president and pres
den and the directors have the power % appoint for
servants they shall judge necessary shares the
stock Of the company, 10 large amount were owned
by the complainant and he admits that the company
held notes against him TO the amount OF So LAT So
gwen TO unpaid balances OF subscriptions for
which he WAS liable either as principal guarantor or
surety. Throughout the lifetime Of the company the
complainant insured many and valuable properties IN
the company and paid to the proper OIL
OF the same large sums Of money
AS premiums for such policies Of Insurance.
Anecedent the which cnused the failure OF the
company, the proper officers OF the transacted
large and for the greater portion OF the time pros
porous insurance business Much reference to these
debates will not be made, as they no longer ma
terlal this investigation Suffice Il 10 say that
connection that the complainant was he alleges.
during The whole OF that period, large owner Of real
and other properly, and was possessed OF sufficient
means 10 render secure any moncycd obligation into
which be might enter anc to enable him TO perform
any promise contract for the payment Of money he
m ght make; and hc also alleges that necessary
that the OF the company should be kept where
the could be promptly commanded, II required 10
pay I0sses and in order that the company might
accomplish that object and stlIl realize interest the
same, no came 10 an agreement with the proper
authorities OF the company that the funds thereof,
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