, 1876-06-20
THE COURTS.

Tho Fox & Howard Estate to Go to tho Sn-
ureu,e Court for Adjudtcatton-t Fnt]ler
Accuses n S5n OF Framd In u Kehl Estate
observation-disclosures News from tic Halls
Of Justice.
Judge Davs rendered I'll opinion yesterday
morning on the question Ut allowing NIL appeal
aud sulcrscdcas from tho recent decision If
Judge Dr1lmlnontl, reversing the decision Of
Judge Diodgett, Which awarded to Conro &
Cnrkins certain property formerly belonging to
the bankrupt contractors, Fox s. Ilowurd.
Judge Drumluond held that no appeal would liz
from his decision, but gave tho parties leuyc to
nprly to Judge Dayis fur Ills opinion, and tie
hitter gave It yesterday.
difficulty to meet when It NUS heard before.
lie had since turned tho matter over tn Ills
mind good deal, but lis first impression had
only beeu confirmed. The only point that was
argued and which 1lu had considered ut all wns
whether thcro was such question growing out
q. tho exercise by this District Court Of its
summary Jurisdiction us ought to be reviewed
by the Supreme Court Of the United States a,ld
tho Ju1go came to tho conclusion when lie
heard the case, and he though. reflection on the
subject illul only convinced hitn Tint lie was
right, that tAe case ought to 20 to thu
United States Supreme Court. 1Ic did not
tlls District Court hud jurisdiction of the c.,se
Or not. 1t nll turned Oil that point. Nor Ind
he read tie cvtdcnre Will! Il view to asecrtain
anything with respect to tho merits Of the ques
tiutl. 4 grent denl could be sald on both s.lcs
Of the casr. It was one VI grcAt Importance and
far-rraching in its consequences There WIS nu
decision either by the District or Supreme
Court that exactly met thu cnse. There were
summary Jurisdiction In the mattrr and the
Judge, although MS he said, l!o had 10 fixed
opiliiun Oil thu question, Thought It right for
tle parties to be allowed to take the cnsc To the
giyu any opinion, resyvyiug himself until wien
thu case wuB argued In the Supreme Cuurt It
was very certain that the question ought to te
reviewed by tho Supreme Court. II It was
summary jurisdiction, u sourse the case sl,oul,l
wns of the opinion tilat thu Distrist
Court lad m nGt ;,o1 1{url,,{|stion ,|std the r; tass
proceedings; Thy Judge aleo remarked to tho
counsel for IIodgktRs d Ctane that, II there wlls
aily question III the cast 1t clear tlat liz, tu
swearing out q writ Of retlcyIn, was guilty of a
gross contempt Of Court. There was nut tho
the Ctreilit or District Judge lie would not have
allowed the contempt to 81 unnotieea.
An appeal will now be taken, and tho further
consideration Of this endless litigation post-
| lIulrl fur n ycnf or SO.
Brown Vi. rRugsDnr.r. AND BROWN.
About month ago o,le Horace Brown 1!cd n
! hlll against Asson H. Truesslcll mud Edwin II.
Brown charging item with having cheated him
when he l'rt9urca loan Of them oil some
l1ny1ng furlGu lin to pay III Illegal rate u !,i-
tertst. Thu defendants III their answer, which
will bc fled to-day, deny entirely all the allrga-
tluns Ul fraud nude atsaillst them. TIicy stAtu
4 with Trutet1cll alone out Of his Uwn flDtH, and
not out of the funds Of Trues!ieiI " Hrown;
| that it was made ut cnmplninant'n earnest 10.
lritation, ni,i agninst ll!e wislea of l., il,
Brown, eUlhpnina!it's son; tint the louAehuld
property III question was lought by L. Il.
brown nut Of Ills money, a.ll that sllrc III the
| sa1llu wM given to complainant out OF tilal
affection. It tB also denied TINT complainant
sig,lrl the ILL or knew OF It's execution, hut II
charged TINT II was drawn Ut the iustlsaton 81
| uu attorney wlo had maluyulent disla,stthh,
tuwarI one VI tl,s defendants. Wherefore they
| Ask tu have tile bill dismissed with costs
| VERDICT PDH THE nEfEkNAST
| III the casu of Edward hG,tle! rs. Jusepl Il,
Paysun anu 'Icnncys, Flower y Abcrrromb!c,
tried yesterday before Judge Jalncson,, q yer;
diet was found BY the jury, nttcra few n'lnutes
appeared that ~ 1879 4 judgment WAS recovered
against Monde, by J. X. payson as AHhlgnru tol
z2,800 Mel'del refusr.l for some t!Hie To lny
Il, but at lust turned over so'Ile real calHts
months to acquire ti,lo tu thIs by sale
FAyBon's attorneys begun bankruptcy pro-
ece1lugs against Stenlel, clatming ,l.at 10 lia,
been guilty OF an uct OF bankruptcy III allowing
hia property 10 be taken under execution wllrr
insGvcnt. Under tlls pressure the debtor lmlt
thu Judgment. md tken began suit aEalils
Bit. luysolI and his attorileys for innlltfou'
prosecution, claiming f25, 000 dntnages, but wa
unaucressfu1, AZ tbs verdict shuws.
| PHoMlsED HRs5ATluN.
About two months ago Asahcl L. Goul1, I
rcslleut Ut Massachusetts, hogan OIL actin,
agalnst John y. WRllace, wtll-known milliul
uiru u tlIs city, tu receiver t3O UO0 aunlaycs fo
thu alleged seduction of Ills Wife. Us the dcclarll
tion which was Gled u few days ngt
slows. Tho drriuration y drawn with all du,
legal verbiase, but gives few itcms in cxplaDu
tinl beyond the one fact. The agcl deftntIan
bus not Alel hla plea yet, but IL Understood t.
be busiy engaged Iu hunting up evlleuce t
prove that III WAC not tho first ono who frs
ailenutpd Mrs. DIS affections.
| DIVORCES.
Kate Schmidt nlca l,cr Lii yesterday asklnt
fora divorce from her husband, Henry W
Schmidt, ou account of h!s alleged adultery.
A!nrlB IlulA also wants q diVorre from he