, 1876-12-15
THE COURTS.
Condemnation Proceedings by the
Metropolitan City Railway.
A Question Of General Interest to Chi.
oagcans About to Bo Tested.
Mr.. Bennett Gets Out Of JaII...Record
of Judgments and New Suits.

Mr.. Bennett Gets Out of JaII...Recorl
Of Judgments and New Suits.
Tho trial Of tho case OF The Metropolitan CITY
Railway Company Va. The West Division HALL
way Company came UP for trial bcfore judge
Rogers yesterday afternoon. A formal motion
was first nude by Mr. l.. q. Pratt on behalf Of
thu complainant TO strike the answer from tho
files, and ovcrr,llcd without argument.
Tho suit 70 brought TO condemn, In the man
ner provided By statute, whatever right Or fran-
cbisc tho West Division Hallway Company may
have In Canal street from Fourteenth street to
Lake street, aud IN Lake from canal street
cast to the Union Depot. Tho West Division
Company claims that, by certain ordinances Of
tho city, It acquired right 10 lay traek OH the
above named streets, which right was after
ward surrendered on condition that no other
Company should thereafter be allowed tho
san,e privilege The Metropolitan City Railway
Company was organized about eighteen months
ago, tho first ever heard OF II brtng at the time
tile Common Council granted It leave to lay
trucka on Lake and Canal streets. Soon after
TINT ordinance was passed, and in September,
1876, tho Metropolitan Company took stcps to
use its nGwly acquired rights, but was stopped
by bitl filed in the United Statcs Circuit Court
BY n Mr.. Foster, a stockhol,tcr IN The West d.
vision Company. An Injunction was granted
by Judgu Drummond, and the case hung for
somc time. The Metropolitan Railway Com
pany then 0lcd petition In the County Court
to condemn, and It was t1lcn ruled
10 SHOW cause Why II should not
be punished for contempt In lisohcring the
spirst Of the Injunction. After some arguments,
Judge Dr1mnlonl finally directed TINT the
tition to condemn IN the state Courts, md hayc
II carried to the Supreme Court, and should
then inform him Of the result aud await further
orders. In accordance with this order, petit
tlon was tlled In the Circuit Court, but subsc-
qucntly dismissed on account Of technical cr-
ror and the present proceeding commenced.
A long list Of plcas were filed 10 the petition,
but wore stricken from the files few days ago,
and al ahswer was filed instead. This answer
pages lcgatcap, and sctsnp eyeryr0ssiblcg grounl
of defense. It denies the legal existence
Of tho Metropolitan City Railway Company, or
whc WI It ii ill., u The tnain srean ; howeSc e
is tliat tho West Division Company has prior
right granted 10 It by the city years ago, and
wlttch, though subsequently surrendered, was
only given up on conditlon that 20 similar priyi-
1cEts Werc given to any one else, 80 that tho
legally acquire any light. on these streets.
The greater part of the afternoon was occu-
pied N impanellnE Jury, aud resulted IN tho
Brown Jacob Andrews, John sauber, James
Mcdonald Harry 1IoadnIRht, Frank Smark,
George W. uavitt, C. X. Moore, L. D. Betwiu,
John Shaw, William Sullivan, and A. a.
Mf. l. g. Pratt then made tho opening ad-
dress 10 tho Jury for the plaintiff, nnd was fol
lowed by S1r. 3. F. Aver on tho part Of the de-
fendant. The addresses were largely legal III
}t,nAE FoN In
consideration II tue Judge. fho further trlal
was then postponed until this morning.
BENNETT WALKS OUT,
james G. Bcnnott, who was committed TO tho
and d living With ouo De!ia Wyborn, 70. beng
ios' fors Judge McAlilstcr On r. writ OF Of
abcas, eorpas' sna, aitcr ,,1 short IT,, hesr- ear
inttnus was defective n That II ialled to stats
that the prisoner Ind lived In open adultery
with tho woman, and also did not have the
names Of the witnesses to prove tho charge In
dorsc! on thc back, 'fho prisoner waa tllcrc-
parties still lad recousac to the Grand Jury II
they desired.
THE CHICAGO, DANv1LLE 4 vlacENSHs RAIL-
NoAD COMPANY.
An os1cr was made ycstcrttny by Judge
Drummond, Oh petition OF the 1llnklcy Loco
motlya Works, directing Gen. Atlna Anderson,
Receiver ol the Chicago, Danville d; Vineennos
lSaa arEs he copapya 5 az u. t' for psDays
made on locomotives,
ITEMS.
In tho case Of ". G.. Hathcway vs.. The
wlcroIn tic plaIut!tf CLAIMED S3J,OOO damages
10 hIs PREMISES an Wirfrnn avenue. cfosc To thu
Burlington crossing, BY rcason Of tllo no,sc,
raii1ta,l fnr 5(kj was rendered.
Judge Farwclt grautel n decree Of divorce
Yesterday to Theodor iioiimann from hls wife
Judra Blolrett w,,l have Il neremptory call
of ali ilotiops l0r nuw trial to.n.orroW,
uNlTgD STATES COURT. ..
against j. j, Undlkr, AIma M Updike. j. &,
tHu.;te Iannnh f. UMItkr Abraham lJn1ikc
h! k. Tenrsons. nnt1 tha First Nntiunnl Hank of
Aurora. to fl,rccioqr a murtcnru fpr x203i, ,75
m, tha i. IL. II III Hec 90. nV n. and anuthcr
nwainst tho same parties md Henry Holmes to
{vreclose Mortgpgo for S5,Oi514 On TIC E, x
| ~ Src % % III
"rTshn r,ran. Glad , Hi, ,t.,t,.t 1,,r.or r