National Republican., 1877-01-26
THE COURTS.
Supreme Court Of the United states.

Mnciarlnnc, ESQ.,, OF Boston, Mass, was admitted
court. ''''
No. 100. John L, Phpps ct al, appellants, VS..
John ScdRwick, assignee, &C.;
No. l0i. BARKER Place ct a., executors, appel.
argument Of these causes was commenced BY Mr.
100, and continued by Mr.. J. X. Haywood for ar.
peliant IN No, iOi, and BY Mr. +. N bangs for tie tie
Adjourned until to-day at Il o'clock.
Supreme Court Of tho District.
Humphreys and Mac Arthur On the bench, '"''
SEEKING DAMAoEs ron FALSE IMPRISONMENT
LEGAL TiLTINe ovRR PROBATE CASE As TO
THE WITNESS OF THE ADMINISTRATION AND
DoNicILr OF THE nErR-rHg PHOENIX MUTUAL
LIFE INSURANCE COMPANY Arr.R THE Ex.
COMMANDER op THE coLoRED BoYs IN BLuE ron
s327,e6s.la
Hallet Klibourn VS.. Michael G. Kerr, John a.
Thompson ct al. This is an action claiming Also.
pIsonment In the District jail for forty. ave days
The defendants plead Justification in that they
the STSs % the HSSs Of
me case submitted Gen. n L. Jenries, Gen.
eott and II, W. darnctt for defendants
) In the estate Of Rebccca d. AfYiick, a minor de.
wy sfana aa G% Sf shS &SsiSn Of
70 Davis Is hiliek An The patsrnai w grandfather The
the %oss Sed h'MSTy n Memphis nSt fsnn aar
some real estate Which was Inherited s By his oniy a
fathcr, Davis Anlck, proceeded 70 Memphis and
placed the child, then but three months old, with
nSiss SF T%o SseEa PTESPrs tho sS
Memphis and brought the child here, without OBJ.
sSids name % to Rebeccs B. Ries. % 's and subss. sne
quently procured the appointment OF guardian
Ietition Of the grandfathe for revocation of tho
l,tters; In April, 1874, Judge Olin made an order
that White execute such tond as the laws Of
execution of the bond white has obtained from
W. l.. Marsh, who had become tho administrator
has only accounted for soooI. In February, lsfs
the child died, whom not three years Of age. and
the grandfatheI charges that he was not allowed
Of its death was sent him by his counsel, who had
seen the published notice Of Whites application
grandfather, proceeded TO Memphis 10 March,
1879, and obtained letters Of administration,
which he be Med in The Probate SS Court here and
istration TO White and granted It to Affiek. On
April Is new counsel appeared for White, and a
being resIgued on May 10, Judge Wyiie reatiirmsd
his decision and white appealed Hon. Leonard
case for the grandfather, and Mr.. J. s. Edwards
for the uncle. Submitted.
PhGnix Mutual Life Insurance Company W.,
tlr fltd a bill to enforce various trusts aRain.t
several lots in square Ioa in this city, alleging
that all Of said trusts had been created BY the
defendant, Grant, and his wife, by deeds given to
various trustees named in said BILL and alleging
that two Of the trustees, Gallaudot and Paine,
had declined to execute the trusts, and the plain
TIN prayed for the appointment Of . receiver to
rent the property, and also for the sale Of the
same. The plaintiff claimed an Indebtedness Of
f3l2,e5sli, besides interest, to bo due from tho
defendant, Grant, secured on said lots by said
deed Of trust, and an addition al Indebtedness of
about SIS 800 loaned IN excess Of the deed Of
~ n cd mn GraR "a aha,-
WY receiver should not be appointed.
...s answer Grant alleged that the only valid
liens Of the plaintiff on said property had never
edness had been cancelled by a contract Of sale Of
eleven of said lots to plaintiff. Having shown by
his answer that, under the rules OF equity, the
iendant, Grant, Influenced by the circumstances
Of the case, prayed the court to appoint q re.
them for three years and apply tho rents, as far
as necessary, 10 their completion. May 7, 1875
the receiver reported that nine Of the ten houses
could be rented, and that to complete them
June q, 1875, the defendant Grant filed '' in the
ciu.e q proposal to complete the buildings ac
oording 10 the specncations, and at the estimatoi
to be paid from the rents when realized. Tho
court refused to authorize the completion Of the
buildings IN a. that way, but from time e time
In their unfinished condition, at about one half
their rental value when completed, with author
to on o stp.nS rFY hss h
which demurrer was overfuied November 5, ISIS,
MONTH November q, 1875, Grant fied Ills nm.
swer, denying large part of the Indebtedness
claimed hy the plaintiff and plead want Of jarl..
dctlOn In the court TO sell the property, non-
ioineer Of numerous parties named in the plea,
the ilegality Of the interest claimed by reason Of
5000 usury paid, SC. On the same day Grant
ties to the original blIi and those named In his
second plea, In which he set up contract between
a% ae By hs Of TS %
plaintiff were to be surrendered to him In consd.
Grafton Of deed In fec Of part of said lots to
ormPncs Of saa TIe 'es
plaintiff moved TO strike out defendants lGrants)
plea' and e IemIrred 70 the cross6,i March TO-
tin demurrer 10 defendants crossbill with leave
to amend, from which order drant appealed.
pleas Of defendant Grant shall stand" on con.
iititon that the certificate Of counsel required by
hours, which certificate was was Immediately added
to the pleas in open court. March q, 1879, the
plaintiff filed general replication to defendant
plaintiff the court passed decree referring the
cause to the auditor to stale the account between
the plaintiff and the defendant Grant, from
June 10, 1870, defendant Grant submitted in
writing TO the auditor an inquiry whether under
support Of any OF the defcnses raised by his
answer, or on the issues therein Joined: which the
auditor refused. November =, 1870, the plaintiff
set the cause and exceptions to the auditors re-
port for hearing. A hearing was had November
10, 1879, and decree was passed December II,
1875, for the sale Of the property in question and
appointing trustees TO make such sale. From
this decree the defendant Grant appealed. The
reading OF the rtclrd was begun only. Messrs.
Il. I. Merrck and VIM +. Mattingly appear for
the nlalntif, and Messrs. B. +. Butler, T, J.
Durant and o. ID. p,r,cc,t for tho defendant and
appellant Case still on.
Police Court.
Before Judge Smell.
A WIFE HEATER PuT UNDER BoSDs-A SON OF
HAN STEALING CORN JuICE-OETTIsG PULL BY
SMALL iNsTALLAESTs.
John Vlnson, injurlng public property. was
hned ". Thomas Kelly, assault on Simon
Joseph; $40 and costs. Jacob Holsteln, assault
and battery on Fanny, his wife; slo1 personal
bonds 10 keep the peace. James Sewell, assault
and battery on George Dent; Is and costs. VIM.
johnson, charged with larceny Of a bushel Of
coal from Messrs. CLARK Given; continued.
Charles Henry, larceny of some coal from John.
son Bros. wharf; $40. George Frazier, colored
servant, larceny Of four gallons Of whisky, worth
s5 per gallon, from George Holmes; 80 or ninety
days in Jail. Also, charged with larceny OF two