The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-21

y very important decision was reudea In
the United States circuit court in this civ
last Wednesday bv Circuit ,Judpe Pardee
Judge Mccormick concarrins the decision
constituting the act OF congress creating tina
northern Judicial district OF Texas and tho
amendments thereto We are nuable ia
present the text of the decision, rs il has
oeeh sent oil for puslication in the Federnl
Reporter, but the substance of il is that tho
act IN question uuS created one oIrcu,,
court for said district, and that The nrovi,.
Ions requiring that salts against detenJants
shall oe returnable TO the branches of M.
court &C Dallas, Waco and Graham. accord.
luS 70 .he counties wherein the defendants
RESIDED or should be found, had reference
ouiY 10 SUITS IN the district court, and that
SUITS can be brought AT Dallas. Mace or
Nrhhhm against defendants residing I'm any
county of the district.
Judge fardee decided that the rnae n, tina
iruuk matters were observation-disclosures ID
that court aud refused to remand the c,so
10 lhc district court at kaufman.
\, Tue case of |. q. Lawrence Va. A II
.nror'oh ct. ell, was heard on demurrer ON
thursday last. Yesterday morning tno
court rendered its decision in the case, sus
"a. .fnaaulnH me demur of defendants to plnin.
n petillon, which settled the case in
a'pt VI te'ehdant. The case was "A very
.'rvI tait one ana has attracted much at
''Ttun throughout this part Of the state.
e inUts arc briefly as follow. In DC.
lober 1881, one Sam Wallace of Tcr,elI
made an assignment of A remnout Of hi,
goods to lawrence, for the benefit al
thc creditors of the former. The
next day after the ASSIGNMENT
was made Naumberg, kraus, Lauer AZ Co.
pl NoW YORK, WHO were creditors of Wal
,hce' sutd out OF the Federal court AN at.
.acnheht and levied the same ON the goods
OF Wallace, which were in the hands 81 sand
Lawrence as assignee The ground FAR
SUNG out the attachment was based unnn
the theory that the assignment Nns made
lot lhe purpose OF hindering, delayin, and
uefhudlng creditors, aud that the deed of
9lsslSumtht was fraudulent aud vnii ON its
ace orcdhse II was not IN conformity with
the statute. Wv"
Lawrence permitted the plaintiffs in said
at'h9nlhtnt suit to appropriate the
tnptS 10 tue payment o, Their
u'ot "t9lhNl Wallace, and filed
SUI AGAINST Marshal Norton aud hi,
nohusheu Tor $4,000 damages. Tn, suil
Tor damages was brought in the di,tr,rt
V"uIt OF kaufman county. At the nrsI
Term ni court the defendants. Norton Al nj
h'tu lhtlr answer Ia said suit in KaufmLi N
yuul'y, ana AZ the same time flied "A neil
.'uu anu pond for the removal of said caus,
70 the circuit court Of the United states All
na,'as AZ the June term 1882, of said cir
'"'t court, Lawrence moved tv remand said
cause back 10 the state court, This moiiot
was argued before Judge Woods. of IN,
unlteu states supreme court, and Iudp,
Mc'ormlcR. The motion to remand wa,
oNerrul-i al the same term of court. ana
term. Wv f''''"
GA Thursday last the case csme I'M Go,
ulal before Judges Pardec and Mccormick
anu decision rendered as above stated
Ihe court decided IN substance that wher,
nueutoi makes an assignment for the ben
Nv W MS creditors, containing stipula
ton that the creditors must release theil
claims against the debtor as a condi,io,
upon winch they shall participate In In,
assignment, the statute must be- stric,i,
com pled with, and the debtor must max,
benefit. -" wv
Tue decision slavery able and impor
.shl one, and meets the appreciation OF ali
VIAsses OF our citizens. We will endeayol
to publish il in full in our neIt issue
hes'is Wellbotn, Leake & Henry, OF D.l
,s'; smith ( Word, OF Terrell, and ]. j
nul, ~ Kaufman, represented Lawrence
NStaNi1rds = smith were the attorneys To-
norton and his bondsncn.
much Important business has been dis
posed OF IN the federal court during Oh,
pns. week, nnd II Is the universal Opinion
tnat Judges Pardee d Mccormick di,
paloh business az rapidly and satlsfactoril,
NJ any court IN the state.