, 1879-01-14
THE COURTS.
The Gage Case to Go to the
Supreme Court.
Record OF Judgments. Flew Suits, Crimt.
nal Business, Etc.

In tho case OF tie City ~. David A. Gage, Mt.
| Bonfleld, Corporation Counsel, yesterday tfter.
noon made motion before the Appellate Court
| to have the order In tle eaee chanced 70 a. to
| allow An appeal to tho Supreme Court at once.
tic sail the decision WAS 10 its nature final and
] lie suggested shnt the order reversing aud re.
| mRutling should be changed 10 reversal only,
SO that tho city could prosecute an appeal. lle
Ind no further evidence to Introduce on tho
qucston OF tho blank bond, and, as to the effect
Of not filing tho bond ID fifteen days, tbs Court
had decided aeninst the city. The only thing
that would be tcit would be 10 permit the Court
below to instruct the city ous uf cnurt.
Judge Murphy said TINT ~as true, butit might
be error not to set,l tllp case luck, ani 10 dc.
priye the city OF ~ opportunity of Introducing
more crtdcnce to prove IT. case. 1t was not
evident that the ritz could not make q better
case. The Supreme Court might my 1t WAS
error to refuse 10 consent 10 send the ehaa back,
mud Eyc the e!t7 m opportunity to Introduce
further eytdcscc. II might ALDO say that tho
failure 10 give fifteen days' notice was not
enough to reverse, but that tic decision might
be reversed OIL the other point.
Mr. Donlc|d fuEccated that II tho city wo uld
not take advantage Of the error ha did not sup
ro.c anybody else could.
Judge Murphy thought IL the case was al.
lowcl to 20 10 the Suprcme Court, iu Justice to
the Appellate Court It shuul1 90 on lis rerlta,
and ~ that nu point could be made on tho fail.
urc to remand.
Mr.. S'lncT Smith, tho associate counsel ID
the case, suggested that Us tho faw Ind been
laid down hy the Court there was no use III eo-
inn back again. There WIS 90 prctcnsc shat tho
honn was Glc1 w!tliln the fifteen days; to rec.
ords Ut the city shaved that: It was matter
of record and nut Of rsuof. Again. II notice to
the City Clerk MA notlce to the c.tv4 II WA
thc Clerk hull such knowledge. Tho cty Ind
suggcstct. that It did not wish to l,avc tho caso
demanded, because Il would bo utterly useless,
but at thu SAINT time II old not wish to consent
con,c In anil plead waiver Ut errors. n tle
case ia. retnanlcd It would bc yrnrs before II
way tried again, tho decision would 10 the kn,c,
anil then # swonla come to the Appellate Colrt
In the same 9oftn ns before. It would bo very
t,arrcu victory to hare tho Supreme Court sny
that tis~ Law as laid down hy the Appellate
Court WE correct. but Ia reverse thu cnsc simply
1t onght TO have Gceu reInantfcd.
The Judge suggested thut some stfpliidtIun
should be made between tlie parties to wuiyeuny
error,
Mr. Smith thought there wo,,,I be no oblce.
ton to tie city wai7lng auy error In failing o
remand. -
The Judge thought tho record shout,l he ul-
lowed to stnnl us 1t Was. and that It should
then bo madc to anneas that tho city had mado
motion to hare the order changed.
This Tas agreed to, nni latcr In the day the
motion WAS filed, and the order saadc allowing
the appeal.
DIVORCES.
Jacob MerhacK flied 4 blu Yesterday charging
that bis wife, Adcla. had 1natta repeated at-
trupts to Kill him. auo usktug TO ne x1lou I'll to
gct out VI bar Way.
The Appellate Court tAa met Yesterday af,er.
noon, but delivered no opinIons. They Will de-
liver eight OF ten tli[s nt,rtnu at 10 o'clock. 1t
is expected they will adjourn in two or thrco
Judge Moore was yesterday afternoon en-
EagcJ III hearing fuotlnn to gnjon tho prose-
entton Of the tuit of u. L. Huuati, Ncccfvcr u
tue Hank OF CalfcaE0. against tslc stockholders
t'at Of Cunningham Va. The l'ault Of Chicago,
iMvnlving the anthu questions, vas pcnutp1.
The lteattng was NIT concluded.
ENiTRp States COUNTS.
John Davis ttIcl d bi!l yesterday against
Philip b. Armour, .Josenh F. Armour, Hcmun
u. ArnUur, .ta.,n Z. Hack. anil Michael Cudally
u restrain then, 1rom infringing his patent Tor
CIRCUIT CounT.
Porter West began suit n trcspass axa!pss
KellH W. u. rlIman. llcury It. Oids. and John
otas a s os sS dsss T. dsas,s K@s,t
the sarno partfca.
CRIMINAL coUnr.
william File pteAdcu gully TO larceny, aud
wAs rciiAndrl.
William Saunders was on trial for larceny,
THE CALI
IupaE nLopukEr-llD to ITO. inclusive. No.
1iH: cbc}ns ~. unton Issuance Company. On
TIK AprELLArE Counr-f]pln!ona ut 10 a. m,
Tall !. -. fl1Iauu Of ffvlG Park VI. Carwish; ~
r4lrntn III. 0g!s;. ID IltHterher9er ~. WuInhisr;
". Johnsnn ~. Jnsuson; And 1l4, Dickinson ".
Grant. 10 ea'e IN trlai:
aEnuE CALI q 1n5, aHclnsiys. except ~, ~,
~. no. NJ. lit1. and iEI. NJ. ~, nuueAck VI.
Chicago, burlington & Quncy Railroad Company.
On TRIAL.
JrnoE .1Aursox--o. 0, / of condemnation cal-
enlaF. NJ. l. t'Iiy ". i'fnNn, on trial.
1vnna Nn"n.-l3. II. IL, II. NJ. II. nfarg
JEpux lioaElH-.70. :.7l. NC Fct ra.s :. 8s:i,
Williams -. ChIcaSo West Dlvtlon Nal!wa, Com
plny. uh ltil1.
Jrian Ho..1t,--to0. sso. 45:1. 45a In 4fs, tnc1n.
.!sc. except ~ md 4o5. No. All, i'owcrs ".
SeWk!Ek. on trial.
LrtnaE FAnwEL.-1.ual, Lehman Va, H,lihorpo.
jEnuR :1pousa-t.usiardy Mos. lYH, l@I. i'll,
snd Ing: cun,n.on law Sos. HJl, h0a. HiG, H17,
h!u Ell. BIT. B53. A.is, 800 Bll, H7l, md III.
lrhn;: WHtrANs.-Ses. ul9, ui1, UIJ 7Du
tifi ulD, u1S, and tia,
JUDGEMENTS.
surr4loH Cnt'nr-,d'"SrEss Ahtgatt Y. Tim.
yrrn!an ". Abraham 6Ilvurnaan. $9DH. ~. -. K.
Ita!d,n ". A4fnr. sH5 ~.
LrnnE HAMy-lI. II. Colran ~. El,jah Jones;
yurtfct. e:aC. Is, and ,nutlon Tor lrw trial. -
liTdrct Lewis ": y. A.. Fierce, $50. charles
W. J. l.. carts and William Whine, So.
FEII.Osyy 1aIrof'atosPsllrEs