The Leavenworth weekly times., 1878-06-20

Proceedings in the Various rribu-
r,ls OF Justice fes Yesterday.
The Sabstha Bank Cass, Before
Judge Foster, Decided in Favor
pf The PIsiRtiH.
The Record Of Whist vss DeRe \
the District Court Bsfese
Judge Crezisr.
us,,rp STATES CIRCUIT COURT.

Iutl,e United States Circuit Court, yester-
day before Judge Foster, the case of Nicholas
orr vs. The Ssbetba Exchange Bank was De
cid,,d, the jury returning verdict for the
nI,iuilfr for ss2l. This case had been on trial
in the Court ,or three days, and excited con.
slderabe interest, the fac 5. briefly summed
up, being these: The parties 70 the sun , Were
Nicholas Orr as plaiDtiff and Lemon, Hosea
* Mather, parties doing business as the Sa-
betha Excnange BANK defendants. Mather
established private bank at SaDetha IN
1873, which was known a. the Sabetha Ex-
change Bank, and on the list OF November,
Is.5, lemon and Hosea, capitalists, OF st.
joseph, $40,
WENT INTO PARTNERSHIP
with nIm continuing the business under the
same name, Mather being the sole managing
partner Some certificates Of deposit were
issued under the name of the Sanetha TX
cnange BANK and signed by an. T. Mather,
Cashier" while others were signed Simply
ME. Mather" Lemon and Hosea dissolved
the iirm January j, 1878, taking the assets anG
paying the liabilities, but repndlaied
ihe deposit certificates signed by Maiher Win
out the addition of the word "Cashier. Sey'
.r,l suits were commenced on these certln,
cafes IN Neinaha county, and some were .I..u -
anc Judgment obtained for the plGntin>
the cases being Appealed 10 the SuPiei'e
p, Court by the defendants.
THE CASE DECIDED YESTERDAY,
| ,,y.ther with another, was removed to the
IIniI,d states Circuit Court, the former Dsine
| M. test cas- tried here. The Court ruled tha
! ~ tht cspnSl0efdtlOu Ol INC Cci
| ,yare renewals of the cert ficates issued by
| Mather before the formation OF the paithel
ship, his partners We're not ilaDie, put es ~
the consideration deposited with the Danh M q,
| FER fh. ma rtuership the partners were llaoie
| and Judgment was rendered accordingly 10
| ssoi Gen. w. W. Guthrie appeared ior tn'
plaintiff, and Judson & Motter, ior tiie oeieh
| uants.
| OTHER BUSINESS BEFORE JUDGE POSTER
au,tin Corbin VS.. The Board OF Commits
sioners oil Washington County, disini>se'
THE Topaka National Bank VS.. Hanove
Township, Of Wasnins.ohi mn Ion ioun,s 10 siS,y dvs
given TO plaintiU 10 nie reP'S III siNNS
The Tinted states of America, on the rela
tion of William a. Brown VS. Inc boAIu % .
| S'o,omissioners, of johnson County; ueinui
rer to respondents return to wit oil hiahi'ai,i
ms sustained; leave given respondents
amend return by July 18TH. nv
Tine Citizens Bank VS.. Frank W. DrooAs
The state National Bank, ofTopeka, VS.:
l. Wise ct al; both sides 10 have uhtii SCI
temb ber lst TO take testimony.
| H. T. Blrtine vs.. Cornelius Ahefs, e'- ~
The Pn,enix Mutual Life Insurance Con
pany vs.. ChsrlesJ. smith, ct. nl. same emu, a.
| Roper, Forbes vs.. The Union Hotel Con
papy Of Topeka and the Phoenix lnsurs.nc
Tom pany OF Brooklyn; plaintin dlsinisss
without prejudice at his cost.
| Robert Forbes VS.. The Union uotei Ton
pany OF Topeka, and the Springfield FIRE An
Marine Insurance company Oh Spr'hsnei'
Mass. same entry g. =.
Mary A. Smith, adnlinisttattlA, e. e. ,,.s
Daniei NJ. Adams, ct. al; order for Puoiics
| zion on ButteIfied X Hentix.
The New England Loan Company VS.. ben
amin l.. Roberts sarah A. ROBERTS, CT. NJ
masters report; final decree
Adjourned until o'clock tomorrow NOR
Ing. at which time the trial of the suit
BeI,jamin F. Hart VS.. The Sabetha Exchahs
I Bank Will be proceeded with.
DISTRICT COURT.
Sass vs.. Brock ct al, dismissed; costs pal
Topping VS.. Alternately dismissed al cos
| of plaintiff; case settled.
Hartman w. Pierce; motion TO connr
sale Withdrawn.
Eiampy VS.. Winter motion OF defendant
| strike ont parts Of petition; susts.ined-
Fuller W. Fuller; proof or pubncatlon a
proved and flied case set ior tfiai Oh ne
| saturday.
| Bernstein; inorIou Tor leave TO sell accoun
and real estate sustained; ten DAYS holice
Houston vs.. Hammond ct al leave Civ
plaintiff 10 amend petition py interiineatio
Henry Us. Wilson ct al motion to conflf
sale passed till next saturday.
sweet VS.. Field; Judgment In deiaui'
S4l6.S5, interest anu costs OF SUIT
c Anthony vs. Wendell; leave given plai
: tiff 10 file amended petition ihstah'er vii
q is done ;deieDdants excepted, anu present
: their hi "A of exceptions, which Is aiioWed
n ,he court and signed oy the judge thereof al
n | ordered to be flied, &c
i. llMandi vs. Mandi--set for trial ON next -
q urday. IT.,
a Anderson County Savings Bank vs.. II
n Board of County Commissioners ofthe Cou
3 ty-leave given plaintiff to reply on DENT
q | r.r on or before Thursday next, at ten o'c!o
= | A. m of that day, and case set for uiai
/, Saturday at ten O'Clock a. IN.
Lott VS. the same-Same entry.
Randolph W Walier-leave given Sner
: to amend and return an execution In
u cordance with the facts
l. Court adjourned until Saturday next NJ
: o'clock a. IN.
Il PROBATE COURT.
There was noting doing in the PEood
!. CoDrt yesterday.
l. PoLICE ooURT.
But thirteen dollars In fines were assssss
" in the police court yesterday morning
i. James Olsen, who SO far forgot hlmArii
:. TO get drunk, was fined Ao for the little III
n demeanor. -
Dick Alexander, charged With assault
n. ing somebody, was released, nothing tsi
N proved against him.
i. Emmet Logan, disturbing the peace, nm
8.
m Archie Fleming, assault and battery fn
ii 8.
m Louis Fisher, petty larceny, plea OF Gul
entered, and Judgment deferred.