National Republican., 1877-11-28


United States Va. Mayfeld 4 Heiston;, judg.
ment of condemnation for s2e6s. Travers VS.
Mcdford judgment for smountstayed ninety days
Gait Bro. & 90. vs.. Adam, Express Company; yer.
diet for plaintiff for s6s9.3s. Hudson vs. Gordon:
on hearing.
EQUITY CouRT-JusTIcE wYLIE.
Ingersoll W. James restraining order. Alley VS.
Stevens ct al. pro oonfesso as to NJ r. u. stevens
pro confcsso as to NJ Kelly and A. and L. Thomp
son. Hne ys. Darlington order allowing replica
vs. fop"r on 'Ps
confirmed. Hills VS.. McNamara; trustees report
confirmed as to Edwards, selden and Miller; af
e SGGiOa
tee. Mcguire vs.. Hills aud heirs; special auditor
ordered to report by Dec. 4. Weaver vs. Hoover
man 4 Green VS.. Brooks ct al; sale ordered and W
A. Gordon appointed trustee.
SUITS ENTERED.
Equfy eide e C. Insersoll vs. c. A. James ct al :;
for injunction. J. r. Swami ct al. vs.. j. =. Cake; to
Lar sdc.-Thomas Morrow vs.. C. C. Duncanson
for account.
BANKRUPTCY coURT-JUsTIcE HUMPHREYS
In the matter Of the Cupitai Publishing Com
pamy M5 George Hin H. Gettioned' that they be
lowing opinion In the case:
IL Is enough TO throw the association into bank
ruptcy on the ground that the company Is manu-
| take u that when the legislative power OF the
country uses language II intends to use y accord
ing to the common understanding Of those nc.
quainted with the language familiar to those upon
whom the law Is operative.
manufacturer is one who uses raw material.
The word Is derived from mdnus, the hand, and
Jdcio, TO form or make.
The petition in this case has been amended by
leave hrst had aud obtained By striking out trade
ing association manufacture? We have always un.
derstood that printing was and Is anart It Is nn art
derived nOm science. 1t is the mode and manner
Of making an impression upon some manu- aCtured
article. The raw material is first TO be wrought
Into shape and condition by manufacturers; then
the intelligent impression is 10 be made upon that
material so put Into shape and condition, so that
the world OF mankind may know aud understand
what Is meant even from the mother language. II
is no difference what the Language OF the mother
may be-thnt Language will be Of honesty and
virtue and integrity and chastity Now, aflcr the
manufacturer has put forth and forward his pro.
ductons, what is to become Of his material de;
peNdS upon the acts Of one kind or another, well
known to the experienced.
The law is nothing but rules derived from ex.
Peronce. Sometimes learning may enter; but
learning Is experience. Science Is one thing: art Is
another These alleged debtors arc not In my
view Of the case, manufacturers; hence they arc
Ths aGs es Sss G remedy
at law. The remedy ofthe crcditor-if creditor
Is in court Of common law Jurisdiction not in a
debtors deny an indebtedness II is true that fraud
may be inquired into In the Bankruptcy Court as
well as elsewhere but you must first lay the foun-
dation for bringing the case before the statutory
court. The courts OF law, with a jury, are compe
tent TO try matters Of fact. No assignee, after an
adjudication in bankruptcy, may 20 and contest
these relative rights. But you must first establish
bankruptcy. An alleged creditor has his common
law remedy and this remedy Is coextenstve with
Jaw. We ought all to be familiar with these rules
I'm every State Of this Union. IOf course this Dis
trict Is in this instance, governed by the uniform
law on bankruptcy. stliI the common law remedy
for the collection of dues Is the same here as In
England or any State In this Union. The bankrupt
act Is statutory. You must not go outside or be-
yond It, This branch Of the court is not collect.
I've court. The idea that person claiming to be a
creditor can throw one into actual state Of In.
ability to pay his dues Is not the meaning OF the
statute BY the statute we are governed, or by the
rules Of the common law. | decide that In all
bankrupt proceedings we are bound by the statute
Release US from this statute, and then another
question will arise that cannot now arise because
the statute is there TO this day. The petition Is dis
missed.