, 1879-06-20

be transferred from The original bill 10 the auo'
segucnt petittous filed by The Receiver to nssesb
The stockholders. but must be determined oy
tho original bill At complatuant's expense inc
same questions wera argued bnIore 3"hpn
Fatwcl year ago, and hc at h1es
,na!nated that the ssockholders' liability cos'a
mol he enforced until after tho Companr's ai'
fairs had been entirely wound up and 1oal
decree entered mud illc assets had been sold, 30
That Il could be known how great the deficiency
vn4 for which the Stockholders Fere liable,
'rhc cnee waa then aent bnck to Judge Wtlliams,
Judge Farwol declining 10 decide i.
Yesterday Afr: bonneJ' oi benali i,,, 1t tle & Ke,
asked for tho following ordcs 10 be entered:
D, T. Smith. ". n. Turner. n. Goodwin, ~,
gu'1 stSne eSs !, + IT, 6 g n,t}}ht,A nn }:.t,a.
Bass having den,urrtd 10 ihe bill Of eou,plan.
e. H y B; pesp y ,ksoaIt. I n II ass4 sse
. Of tho charter of tho fnstitMtion; and Inc de.
spectiye lcmurrers llrcrs matters rontrosertine
ths I , smendmen,s. Or supplement ihercto: ur IN
tha Nsce!veEs petition. TO tue effect t',sl thg DE-
y tso qfs a au sa % ss
lie :an,e seeks 70 administer the sseei.. anu
pstll,on nj tho fcccver Tar a. II scckb 10 cnlotn
III se,onr BY Iau srautt the s.ockho!,lets h' tn.
tsr 81 he ill., 70 sr ~ II
snforcs hs spcclcaI liabity d Stockholders unde!
eeal e. tle char.sr of he in.'!ts9n IT, I'D psfsonal
tton Of lhr petition 1Icd Sept. u. 1"77, % A. as
The petition .ecks sn cnsres ts rpse,a liability of
without nroiud1ee to any proceedings hitherto bad
or taken. or any coilcctohs OF settlements made
sS !. T AK
being no" ordered only npon the ancaeaton Of ths
complainant th.s tho prnpeF remedy sSamI1t a.,
! or trustees nlav be moro conveniently hna
efficiently pursued nn1cr separate rroreed.
III T rfoseeinr" ,Sst has. hecs had IS he!S ea.ssa.
81 u enjnsn the prosecution Of any individual cred
itor. ct any action al law against the
according 10 the tenor Of the orders heretofore en-
tered: and thui leave 10 usantsd 10 tho ssceser 10
Ills his teparate petition, or otharwse proceed at
he lI.he. a. he my ac avlssd 10 lIc end tNat Tho
principal mi. fur the administration Of The aAaesa
and Tho d,ssoaon may not 10 rns,rf.a,s ~
| tla1dity Of to atcckhodere or trusiees; anc
;eeS t sT'0ps e ssd ss sasn :nsa Vii; VIZ s :.
'p,'th "po hc c .eont;nusnce i ordeFs that the de-
aforesaid to niead. answer. or te,n,tr 10 any
petition. action q proceeding that may bc brought
Tliat Is ,l,e dctsndan,a do not wish to u,ake my
Tic purpose of a'ssoiyinr the b,'tf. i ts or,sred
hojders: % i: tia. liz b!i of complaint having been
di.n,sss ~ 10 D D. spansst' ~ stnts ,nSn Sns,nss
IL now ordered that their default be couarmed,
and the Instructions nrc that sI pessons who were
| rixhsa to the franchise conferred By tho charer
and that the asacta ought to be fully administered
The bentd e o. @ shoud Il
That any new sut 10 determine tho stock labs1[-
~ should stand - though commenced at the datc
of ding ahe bill OF compinint thai. II tho gueftou
OF the 1apse or TINE should be raised, the Receiver
70 70 sueh a esjsetion and proceed under the b aud
amendments.
air. Bouney spoke in favor of the order, aay-
Ing II would facilitate tho adjudication ot the
low the actions against them. to 10 had scpa-
rately and outside ot Tho other litigation, so
tlat appeals could be taken md the Question OF
,tos ,b1tx % afkk fkG,. se,ts aa In, liz s9,e was tu1s
harm. ........-. -
| motion after argument by Measrs. kretzlnEcr
md li6yne, who objected thereto % the pnrt oi
the stockholders wcss entitled to have the de-
mur1cra disposed Of. Tho proposed order. tn
substance confcsscd tile demurrers, ret asked
to have them ovcrrdled. II the compatnants
wished to confess the denurrcra without preju-
| dice he would graft 1t. but would not Grant the
order ns asked. Us he would not be on tue Bench
but short time longer, antl he preferred Ills
successor, Judge Tuley, should PASS on Tie mt
allowing hn amcndmeut Of some clerical errors.
JUDICIAL. ANNOUNCEMENTS.
Judge Tulcy, Judge Willians' successor, will
hear chauccry defaults July l. .. mid J. and on
the 18th he will ~ to tho Criminal Court Tor sz
weeks.
Judge Moran will be Ia the Criminal Court
from July ! to July Z, mad will then return tc
hts room (JulCc Booth'a at presently, wherc he
| fnr tor tof< vnrnt{pn
Judge Baruu,n will attend IL .chanccry busl
NESS frw weeks, succ.edsng Judge Williams
| md will then relieve Judge Tuloy In tho Crmt
nal Court, and hold tllnt branch the rcma1ulnt
| six weeks.- ......
nitted cases until the middle OF July.
Judge Gary viii not have q jury after Jh4y
nor Judge Rogers after the SANG time. Judc'
Jameson will also discharge his jury Mt the enc
judge Moore will hare MT cali nor hear an!
compulsory business after this term.
THE APPELLATE COURT.
The new Judges of the Appellate Court
Bailey, Wilson, nntl McAlfstcr-hod private
session yesterday uoruinE In their chambera Il
tho Ora,,d ruelhc Hotel, but declined to toll TIL
result. They did not, however, elect chic
Just.ce. 1ficy wilt meet next Tuesday, the da
to Which the Court was formally adjourned, a,.s
then make tho election. Judge Ba1! ~
senior In experience, will probably be the Chie
Justice. The old Judges still layo about
dozen oDtntons to be lllcd IN cases acefoea a
last term.
GENERAL.
Louisa Kurtze Glcd q hi't yesterday complain
!! ipg that l,cr husband, Wilhelm Knrtzo, Is ben
on killing her, md wilt succeed unless she ca
get away from him. For tho past ten ycsEs b
has failed to supporther, md has spent u'l hs
l kSk.. A...t III.