, 1879-02-26

tho Intention was TINT the Separate Main
tesance oct only should alvo her funds for the
trst purnosc.-to carry on her suit. 1t wna I'M
ton. II was evident thu only questu1 In tic
case should not 10 decicd an preliminary hear
Ing. a1.d without evidence. Otherwise the. ci-
lcet would bc to grant the prayer OF the hill on
preliminary motion. mud so lung ~ such =
atato Of facts existed the complainant could
ask nothing better. Tie burden VI proof would
thus tic shifted 10 tic defendant to cndeavor to
a. aeil should only bo given after full hearng.
Thta construction Of tic statute contluccd 10
good morals and domestic peace, atl was In
conformity to all enlightened md elevated pub
proper nnt1 lust, as The Court hail power TO pass
on tic matter, but for fl,e error above men,
timed the Urdcr Of thr Court below would be
revcracd nsid tho cnse rctttandet.
Tun 1876 TAX cAsEs.
eome two years ago the First nnd Fifth M
tionaI Banks began salits In ihe Federal Court
aEalnst the city, 10 recover back sotne taxes col.
leetch On icir capital stock for 1876, which It
wns claimed wero made In Yiointton Of tho Inv
t[ unfor,ntty. a stipulation was Euad0 as 70
facts a. follows:
Tho capital stock Of the plaintiff 10 81, COO 900.
dylcd into 10. 600 shnrca u 500 each, aud that
rAtd shntcs of stock wcrr ofaccd AZ tho valuation.
sna thsit yens % sed 70. PURPOSES = Of saxstoa 70.
South Chicago afaresaId, on tue asse.sment. roll
ios 1870, At sg pyr share prior t9 the fourth Mon;
Included all the tl,atca Of stock In tho plaintiff,
anu formed part o. tho property II tho assessment
oaay ret Sf # wis fs as e Ton osr te u s
yirw Of tho Town Of south Chicago, consIsttne Ut
ths Assessor and Supervisor q said town,
no Of Chap ITO Of Revised Statutes Of 1874, the
purpose Of reviewing tle assessment of property IN
vson sIes r var any soias
made 10 them TO do So Tint Tic County Board Of
Cook County, a their mectng convened On the sec.
iho yai,ation Of ;to shares Of ths capital STOCK oi
~ 60 nst s9 ssng e. ys %h's
Ss.s q $s:1sss s:s! %ss 'ss'
hui been aa1od 10 iho SEQ per share, as originally
n.ed by the As.essor ths ~ addict by the County
Ing Of tho siaie Hoard oi ali personal ptonerty In
Cook County 5a per cent for sald ycat, 1876. fhnt
said incrensc by sata County Hoard wua spocIu!
County.
The Tux was extended on this 384.47 per
share Thc taxes were thus increased sl4,;W4,
that being the amount Of the taxes at 3.silD2
per cent on entd Illegal addition. Of tic above
amount Of s14.S03 tho SUM Of s0,5i0.4l is the
illegal share Or portion.
In tic case VI The Fifth National Bank the
Lax wns soN3.i7. ~ '@''' rN''9'' - Wv
Some eascs involving tho snmn question went
the stae ay GIoF IN The mean
recently decided this portion Of the tar illegal,
md yesterday the bnnk attorneys ind the Cor
poratiun Counsel appeared III court and con.
aented that Judgment should be entered In
favor OF tic bnnts for tic amount claimcd TO
be Illegal.
NOVEL LAW POINT.
Franle Gr,ndele Blcd petition yesterday
against Robert .. Han.iI, Justice Of the Peace,
70 compel him to enter Judgment, The petit
recovered d verdict IN forciole entry nntl dcta!n
ur against Charles Ecllcnbcrg, ". II. Woods,
md John n. Oaks for the possession Of Lot 10.
Block Is. in the Canal Trustees' Subdivision Of
Bee. :, 70. II. Tie Justice entered tic vcrd'c::
In Plaintiffs favor on his docket. but neglected
to enter On h.s docket Judgment against tho
defendants In accordat,cc with the verdict. One
Of ss ss En- m oeH Gnp an o9. np IT o was dts 1S
ground t'at no ludgn'cn. had hccn Gu
tered 10 the cnse from which All
appeal coullbo fRken. Since theu. petitioner has
naked Justicc HamtIl to enter tudGment on hts
Jury, hut the latter has refused, alleging thnt
he does not know whether ho ilna my right 80 TO
do after the day when the verdict was rc,llcrcd.
taulus nay be Issued against til Justtco t6
compel him to enter such judgment nunc pro
tuuc, aa OF Oct. e, 1873.
THE RULLERToN-AvKNuE PUMPING sTAT1oN.
Last autumn The city passed IN ordinance 10
cnnasmn about bali a,a acrc OF lnnd on tho
Ing statiop us place Oh which to erect, works
to force p,iro wafer into thu North
Branch. Judge Rogers declared tho ordi-
,s oeo ooa and fa fe oHs ~ ,De i'm sS, s
passed nuothcr morn specific ordinance for the
same purpose, only raising the amount OF land
70 be condemned from u half to about three
quarters Of an aero. Yesterday, IN accosdanco
trnE ff7tt1 Had In
Circuit Court to have shis land condemned in
due form,
roRcHoH 1AcEs.
The case OF Field, Letter & Co. W. William
Henry Smith. Collector Of Customs, to recover
so'ns duties ALLEGED to haye been oyerpaid on
.ng uld giveu to the Jury. Tic Judge charscd
tliut Toschou lace was tlrcad lace
nude by ha's! 20 s cushions @ with
s4a'ns ssraet 81 Il 1or s i E psn. seiofis or IL
amount claimed. THE sum IN controversy was
very snail, only sl5.G0. but the suit was to de-
eide whaaher Torchon laccs wcru thread 1ace
or not. BY the. Law, thread 1aces ray,, IN al
othcr laecs i pay duty of 40 per cent. Tia
Government authorities clalmed 'rorehon laee
was not a'tllread lace, aud a!,on!d therefore uuy
difference Of soli,o thousands Of lollArs to tho
plaintiffs alone yearly. Thu dovcrnmcnt viii
probably take an appeal
DIVORCES.
Math!tda Wallis filed bill yesterday against
her husband, Heinrich Wul'ls, charging him with
dcsprt0n, md asking for divorce.
Ellen ]. O'Ncll filed o bill for divorce from
Edward O'Neill oil the ground III habltual
drunkenness.
Judge Mnate yesterday grn,itcd diYorco to
Christine Wasserlnan fr.n Morris WasBcrmRn
for adultery. aru tn Charles J. Bragg from
Sarah NJ. Higgins. alias auruh NJ. Bragg, a,o
having neglected thu ceremony OF Cutting y dt.
vorce IRON Mr.. Higgins when shu assumed tl,e
uans Of Brass.
iTEMS.
Judge McAlltstcr yestcr'lay morning denied
tin application oE hnbcas corpus In tic case vi
Jolu afaloney, who Il wuntcd on a regulation
from Virginia. uo ix ono OF d gang rsho was
convicted Ut rophing .ludga AIarshait at Rich
mnnd, but, who escaped! Thu papers wero
Ioun.l to he correct, uud Jonu goes back to
sufvu the State.
n. +. Jenkins was appointed Assignee Of
Christopher ". ball.
Assguers will hu chosrn this morning for
William X. Burdick and Washington A. Jack
SOU.
t,HIrnp aTATKs TnUNra