The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-08

brcWHtcr.-Argucu w.
Anthony Tor appellant, G. Hill for respondent.
No !6 Curry vs. Powers two cascs).-Argued by J.
A. Stull for appellant, j. B. Perkins tor respondent
Proclamation made and Court adjourned
The day calendar Of The Court OF Appeals Tor Friday
2S7 S.
UNITED STATES SUPREME COURT.
DECISIONS.
WASHINGTON, June Z, 1877.
Tho following decisions have boen rendered In the
Supreme Court OF the U nled statcs:---
SALE OF PROPERTY BY LEGAL PRocEss-Br wnAr LAW
CoArRoLLED--sRcREr LIENS.
No. l57. Robert q. Hcivey and Paris and Decatur
Island Locomotive WORKS in error 10 The crcu. Court
81 the United States Tor the southern District or Il-
Buskrk Is Wallace 3o7 Wallace, 1901, that Inc la
bty OF property ~ DC sold under legal process issuing
from the cSus', o. TIE STATE where It Is s,,ased los,
jurisdiction whore tue owner lives These de-
cisions rest on the ground tina. every State
property witnin Its limits and that whoever
sends properly TO u implicitly sa0ms tho regula-
on concerning It's transfer in forco there, although
different rule OF transfer prevails in the jurisdiction
where nc resides. He has no absolute right TO have
respected IN tho courts Of the State where i is
and u Is only on principle Of comfy that It is ever
policy of tho latter comnict win the former The
policy OF the law in Illinois will not permit the owner
Of personal property 70 soil H. either absolutely or
conditonaily and still continue possession OF It.
As possession Is ono Of the strongest evidences ile
TO this class OF property is not allowable to separate
Tho possession from the ti,lc except in Tho
pointed out by statute To suffer- reai ownership 10
DC IN one person and tho ostensibe ownership in
OF Illinois say. give iaiso credit 10 tho latter.
and In this way works an injury 70 third per.
creating interest in another to whom IL Is deIiv-
ered u desrous Of preserving lien on ~ must COM
ac, r. s. Illinois, is74 chap %. Dr. 1iila1 TIs
net requires that the Instrument of conveyance n II
have the effect to preserve mortgage or lion on tho
properly must be recorded, the party
resident or nonresident OF tho State II thls be
done there Is no validity TO the instrument
third persons are concernci secret liens which
the vendor OF personal property who has sold II and
delivered possession OF u 10 tho purchaser as tho
owner until tho payment OF the purchase money can
not be maintained In Illinois. They are hold TO DO
constructively fraudulent to creditors, and the
properly, SO lar their rights concerned Is con-
sidered belonging purchaser holding tho pos
session. (McCormck vs.. MADDEN, 81 Illinois. $40;
kftchum vs. Watson, = Illinois, 6ol) Nor rs tho
form OF lease Courts viii always loox 10 tho
purpose TO DO attained By tho contract than the
name gwen to II by tho parties IN order TO determine
It's real character II that purpose be to give the
der Item on the property until payment IN full Of tho
purchase money Is liable 10 be defeated by creditors
OF tho purchaser who 10 In possession IL THIS
was held In Murcb va Wright l46 Illinois, 4so In that
case the purchaser took from the seller piano The
price OF $700 He paid $50 down. which was called rent
for the first month, and was pay $50 each month
the piano. The Court say sthat It was q mere
gubterfuge call this Transaction lease" and held
that was conditional SALE with tho right OF recs
sion the part OF the vendor In purchaser
should fail payment OF hts instruments: q con-
tract legal and valid between the PARTIES but
with the risk on The part OF the vcnder Of losing
his en 10 the properly should be levied upon by
tho creditors OF the purchaser who possession OF
tho latter The tho bar ia like this la oil essen.
tal particulars The engine Smyser the Only subject
OF controversy In this suit and that was sold cond.
regularly paid with right OF rosclssion owthe par. Of
the vendcr In case OF default any OF the specified
payments The locomotive company took tue Risk Of
loatn hair Ian In tha hn
on by Inc creditors OF Conanl Co. while In tho pos
session OF tho latter and they cannot complain, the
perfect IT, Reversed as TO tho engine Smyscr and
affirmed as to the other Mr. Justice Davis delivered
toe opinion.
orsroE RESIGNATION VACANCY.
4O6 Chester Badger, Charles 4. Ives OF al, consi-
pIans. "a srror va TSa tinted S,sae o. Amooy
Matthew Bolles and N. Shepard BoesIn error to the
circuit Court OF the United States Tor the Northern
district OF lilinosTho rentors filed thor petition
for mandamus against Badger and Ives and others,
supervisor town clerk and Justices OF tho town OF
Amooy, alleging the recovery OF two Judgments by
tncm against that town; that the supervisor, town
clerk and thrcc justices OF tho peace constituted
board OF AUDITORS whose duty II was TO audit ana OK
amino town accounts; that a sworn statement OF the
Judgments was presented 10 the Board but they
named pretended TO resign their Offices ana would not
perform the duties OF the snmc but that no other
persons have been appointed or elected 10 succeed
thcm; that the others refused to associate
with them the collector and ASSESSOR hat by reason
the acts OF he parties the been unable
that provision had been made It's payment, and
they pray that mandamus may be awarded TO compel
the auditing OF their judgments. The defendants ndmt
the resignation stated, and ailcgo that they nc
copied by the Justices OF the town, and that notice
minute Of the same upon tho records of the town
whereby rs they insist, they ceased DO officers oil
the town. The answer contains much other matter TO
which u Is not necessary to refer None Of
judgment, requires consideration except that part
which raises the point OF the legality OF the
OF mo parties NAMED II those persons had ceased TO
there may DO difficulty In maintaining tho order award.
ing perempiory mapdamus against them II they
no diihculty The alleged RESERVATIONS Of
by the Justices OF the town. but their SUCCESSORS had
not been qualified, nor indeed had they been
wnen the petition was died. As TO supervisor town
cIork or Justice OF tho peace OF the STATE OF Illinois
does he TO be officer when HIS resignation 10
rendered to and accepted by Justice OF the peace
does he continue IN office until his chosen
and qualinedy BY the common law well as by tho
statutes OF the United States, when tho torn OF ONCE
TO perform us duties ceases. People Va Timan Slh
Abb r. K. $50; Baro 1857 THIS ia the general rule.
Inc term oil oihce OF the District Attorney OF tho
United States for particular State is liked by statute
NJ Tour years. When this four years comes round hts
right or power TO perform tho duties Of tho
Office Is at an end, as completely as II he never held
the Office. tRcv. Stat u =, sec 1907 Judge OF the
Court oil Appeals Of the State Of Now York justice
Of The Supreme Court elected Tor term fourteen
years and takes his the day Of January o
lowing his election. When tho fourteenth January
thereafter reached no ceases to be judicial officer
and ca perform ono duty pertaining TO tho once.
whether successor has been elected or whether no
has qualified does not enter into the question. As
TO certain town officers the rule is different II X
>, y. r., $40. sec 30 The system OF the state OF
ILLINOIS seems TO be organized upon different
principle Thus tho supreme Court consists Of scvon
judges, who required possess
oI age and OF residence, who elected TOR
term Of ninc ycars-(Code oil Illinois, 1874, PIP. 90,
'O)-at which timo II is provided that the term OF
Office shall expire" Circuit judges In ko arc
elected Tor term OF six years ana county Judges and
others Tor four years, all to hold until their
shall be qualified The decision ~ that where officers
holding under such laws attempt 10 resign they NUT
resign do Jure well do facto and that when such
nre called upon TO perform duties after their rcsgna-
ton aud before their SUCCESSORS have qualified thcy
must act There is vacancy In Bucn 4 case.
Affirmed. Mr. Justice Hunt delivered tho opinion.
FORFEITURE EVIDENCE.
No. 14T One hundred aud ninety ninc barrels OF
whskey, Charles Andre, claimant. appellant, VS.. Tho
UnucI Siatcs-Appeai IRON the Circuit Court or tho
United states Tor the Eastern Distrlct OF rexan-