, 1876-11-10
THE COURTS.
Decision In q Railroad Case..-
After Hos Diamonds.
Record Of Judgments and Now Buits-..
Bankruptcy Business.

Pithburg l. Chicago Railroad Company, to re-
form q contract. The plaintiffs first brought
suit on tho common law side Of the
Court 10 recover balance Of about $4,000
dnc them for grating aud ballastlng portion
Of tho acfcndnnt's road. DusIng tic progress
Of tho trial, however, tho Judge intiu,atcd that
tho contract un Which suit WIS brought was 90
Yorded that three ttcms-onc for overhaul lo
tho amount Of s3.250, another for hard material
Or hard-pan removed To tho vnlue Of $lS,5OO
and third for 81, $50 Of gruhb!ng and clearing
could not bc proved up. Time, however, was
given to 1fe d bill to reform tie contract, and q
bill was snou after illcd for that purpose In the
Circuit Court Of Cook County. The caso was
transferred TO tho Federal Court, heard abort
tfmc ago, md yesterday judge Dlodgett dcliv-
cred his opinion.
lie said in reviewing the evidence, that Tho
contract had boon drawn UP by tho civil cngtn-
eer vi the Company on one Of It's printed
blanks, and contained, among others, the pfu-
Vision that "carth excavations stail include
sant!, gravel, md loan, and MI either matter OF
Ill earthly nature, lowcvcr hard, htfI, Or cou,-
pact" Tint would include hartl.ran when II
was expressly agreed ttlat The plaintiffs were to
receive y cents additional prr yard for rcmoy-
iI'g such hatd material, The contract also pro-
that that should be patd for extrn. Tic Court,
therefore, decided TINT tllu contract should be
reformed II regard to the c!.argc for overhaul
i,lg the rlgtt to charge thrcc-fourtEs OF cent
per yard for each 100 fect executing loo foot
Of overhaul, instead Of each 1,0o0 feet Of
average overhaul. 1t was also decided that
nnt'lrc, however 1ar Slit, or compact" should
bc stricken out As 10 tho Er,lbbing md clear
Ing, tho Judge said tho provision In tle contract
was clear, and he could not, fro,n the evidence,
n tt0d all t,t
tnkc, mud he should, therefore, rcfuac to reform
the contract tn TINT teguru. Tho Judge also, nt
the motion VI coInplaina:ts counsel, agreed to
retain the Jurisdiction in the cllancery suit so Is
to allow oil questions pending between the
PARTIES to bc deelued tlcrctn, instead OF relo-
gat!ng the parties to their conmon-.aw rights.
~, THAT sfAADER DIAMOND CASE AGAIN.
The diamond case Of Luttle Stralcr agairst
William Carinon was on trial bcforc Judge Ne
Al'tstct ycsten1ny. It was tried lust fail before
Judge Booth and verdtct rendered for the
plalntiiI, who Is professionally known us Miss
ab0ut 81, O0O, which hnsl bcen taken from lor by
the defendants. 4 new. trinl villa obtained, aud
yesterday slc recovered n verdict second ti,nu
1or the value OF her diamonds.
DivoHcEe.
John ]. Flannlgan flied his bill yesterday
against his wife bridget, stating TINT she Is
frequently In the lnbft OF gctting drunk and
going on sprccs for n week at time, md John
doss not think sho Is lit TO take care Of hls lyc
And Bertha Johnson also wants divorce from
her husband for a similar reason.
ITEMS. .
Is tha sst Day e. service tho Noye
Mr. James L. High, member Of tho Bar, WIS
in hearing the case Of 1,readway vs.. The Pcuu.
sylvAplA tiro Insurance. Company.
UNITED sraTEs COURTS.
George F. Butler filed y bill yesterday against
Wells Willetts and wife, J. NJ. Manner, Assignee,
Granville Gibson, Thonaaa j. Noble, Edward No
Frank Il; nernard, Abncr L. Ada,ns, james
Welborn, and tho stoningtou Sarings bank Of
Stonlngton, Conn, TO forcclusu tellst-tItcd for
slso s q; IT, Tie =; Of ses. 1s; the N F. OF
". 4 oi Sec. 81; tie s. ". K of t6o n. VI. 4
r. ): u enS t1s 5. Y Y { j j !hs & S. 5. y. 7 q q
al IN Township IS, north ot nange :, west
pl tho fourth meridian: also tue 8. L. " OF the
~: 4 q scs: s. q. and The n. =. Y Of the y:
Range g. west.
BANKRUPTCY MATTERS.
Lyman u. Hunt, contractor and builder,
fled q voluntary petition In bankruptcy yestcr-
day nls prsierfyi tlsbts aro SA5 bcnE due
sa,BGz8l, and tho unsecured s2o,270l2. Tho
assets, consist Of cas $75, Ghost Of carpentcr'a
tools, and Claim for about *3,OOO against A.
Pierce. The petition was referred to the Reg
lister.
A composition OF 20 per cent was ncccpted
yesterday by tho creditors Of Stephen ". Good-
hue.
held at 70 o'clock this morning IN the Estates u
Samuel W. Spears md Adolp6 Gilbert.
same hour i" TIC csss Il Fledercf W IL G. Cross. ss
man.
SUPERIOR COURT IN nRrEv.
Patrick Dalton llcd Il bill yesterday agatnst
lIamtlton .. Dosuc, Mahlon d. Ogden, and
William II. Sheldon to forccloso trust-deed for
sSlG742 on I1:s s ~ 49, and 30, Block -, Of
| $500 against David s. Whiting anl john F.
Whiting.
Sidney * Wallace aud John T. Dole began suit
{or $l,oG against Edgar F. brown and George
Samuel A. Freeman commenced n suit for
Sb'oo0 damages against the Chicago City
Watson A. fox began suit to recover from
the Ltyerpool aiu London and Globu Insurance
Company tllo a1aount duo HIN for his services
Harrison G. Jones iied a bIli against Lawson,
A. Gilbert, o. II. brooks, Z. :. E. Dixon, J. N.
| NoekiE, and Samuel NJ. Mooro 10 torcelose d
trust-ieed tor t3.547 on the west haif Of Block
| 7ut ttoa A4Hla ~ AHu 4Oy N& LUZ
Addition to Washington Heights. Also Lots Q,
B, anl Of the subdivision 0f TINT part Of tho
northeast quarter 0f Sec. l. 81, II, lying cast ol
tho Chicago, Rock lsland y rariac Railroad.
/ CH1MtNAI C0UlsT.
Mike Ilcnnesscy pleaded guilty to larceny and
| was rellianded for senteucc
cabbage" ltyaN pleaded guilty toconsptracy
| md Wns tined $t0O.
Till CALL.
| JuD0E BLopdKrr-al tu 40, inclusive, on nov
! cnleIluar. No c4he Oh trluf,
Jupan JAMEsoS-..03 to ms, a7o 10 200, or.
ecpt 976, 25u, 2s0, ssl, ess No case on trial.
JUDGE MoonE-18, ~, 20. No, u, Rogers Vs.
i C1eavcr, OIL tsial.
IuDoE lsooERs-set case, term No. o,8ee33
Weber ys. Fitzgerald, und cilvndar Nos. 8s5 tG
4o5, Inclusive. No ease On trial.
JuDou DooTiI-Set es.scs, term Nus. 2,890
Hickey "a. City, and Z, ,6a8, Atulaus va. City.
Also calendar Nos. 4ts, t0l tu 5l3, inclusive
No. AW ~ ~ ossatc Ut u. 0. Walkor on trial
JunoB McALLlsTRn-No call. No. y, Vuu
fameo vs. bradley, on trial.
JunoH FARWELl-General business.
V"ru fl