Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-12
THE COURTS.
United States Circuit Court.

Before Judges Dillon and Nelson.
The court opened at 10 o'clock A. NJ. The
following cases were called up and action taken
thereon, as follows:
Cases continued by consent-2s. Horace
B. Clafin ct al vs.. the Western
Assurance Company, of Toronto, Canada. Con-
tract of insurance. Motion to remand dis
missed; continued to next term.
81. Albert Scheffer, ct al. executors, VS.. The
National Life Insurance Company of the
United States. Under advisement on motion
to remand. Continued to next term.
Miscellaneous-26. Sarah Garrett VS.. Martin
Delaney; malicious prosecution. Motion of
plaintiff denied; case put at end of the calen-
dar.
81. Ashbel Fl. Barney We. Thomas McOuatt;
ejectment. Motion for judgment by plaintiff
or trial. Application for continuance by
defendant.
46. Tyler Pierce VS.. board of education of
Detroit; suit on bonds, etc. Continued on
application of defendant.
so. James Sinclair administrator, ETC., VS..
Phoenix Mutual Life Insurance company. Mo-
ton to strike out demurrer as frivolous.
Twenty days given defendant to answer. Case
continued.
Appeal-53. Cornelius McKabe, assignee
VS. Paul McKinstry. Argued by A. G. Dunn
ent.
So. John S. Kennedy ct al. VS.. Northern Pa
chic railroad company. Order to show cause
why debentures should not issue to pay for
construction of extension lines. Argued, sub
mitted and taken under advisement.
~. New York Life Insurance company VS..
Edison q. Bangs ct al. Cause submitted; de-
cree to dismiss the bill at cost of complainant.
Com plainant prays an appeal; allowed on filing
$500 bond.
The court will reassemble to-day at 10 o'clock
A. n.
In the United States circuit court, yesterday,
before Judges Dillon and Nelson, the applica-
ton of Receiver Farley, st. Paul & Pacific rail
road. for issue of debenture in the sum of 81, :
900 to pay for the st. Vincent extension,
came up for hearing. The argument consumed
the greater portion of the day; the cause was
submitted to the court at a late hour and taken
under advisement. Gen. Sanborn, attorney for
the Northern Pacific and the St. Paul q Pacific
| roads, Withdrew all opposition to the applica-
ton.
The opposition arose then solely on the part
OF the First Division of the St. Paul Il Pacific
road. MIR. Horace R. Bigelow presented the
claims OF the contestants. The opposition to
| the issue being based upon the allegations that
1T was not clear that the money required
had been used to complete and equip the ex-
tension lines; that the issue tended to impair
| the first division bonds secured by mortgage of
the st. Paul & Pacific road
Juuge IOung appeared Tor the receiver OF the
road, or applicants, Smith, Kittson, Stephens
| and Hill.
The case was argued at great length by
Messrs. Bigelow and Young.
The court required statement as to the
status Of the action to foreclose the $15 100000
mortage, and statement was made by G. l..
Otis. And the proposition was made that this
matter be considered in connection with the APP
plication. To this all parties assented, except
ing the first division interest Decker and
Litchheld). The probability is that the de-
cision will not be rendered for several days.