Savannah morning news., 1885-01-25
an 1NrEREsr1NG pEo1s1oN.
Judge Harden Dismisses Petition to
Rule the Clerk of the City Court.

Rule the Clerk OF the City Court.
At the sitting of the City Court yester-
day, the petition of J. D. Weld, praying
that rule be issued against Philip NJ.
Russell, as Clerk of the Court, calling on
him to show why bond in the sum OF
$4,000 should not be accepted by him to
dissolve garnishment, was heard. The
matter grew out of an action of libel.
brought by John r. West against the
BOwker Fertilizer Company, for the sum
of $4,000 damages. The company's
counseI made motion ON Jan. IA TO dis
miss the suit, but the motion was over
ruled. West sued out garnishments
against the Central Railroad and Bank
ing Company of Georgia and the Sayan-
nab, Florida and Western Railway.
Weld, who petitioned for the rule, claimed
$500 worth of the property in the hands
of the railways, and that he was
upon which the garnishment was
based. Hence he instituted proceed
ings to dissolve the garnishment, and
to that end had rendered bond with good
securities in the sum OF $4,000, or double
the amount of the property owned by him
and in the hands of the two railway cor
pOratiOns. This bond Weld claimed that
the Clerk of the Court had refused to ac-
cept, and that he would only take a bond
in the sum Of $40, 600, or double the dam
ages laid in Vests declaration against
the fertilizer company. The question 10 be
decided upon the petition for the rule
was whether the Clerk should accept
the bond of GOO, that being double the
value OF the property owned by Weld, or
$4,000, the latter amount being double
the sum claimed as damages by West
and covered by the garnishments. In the
hearing for the rule, the petitioner was
represented by M6Ssrs. Garrard II Mel
drim, and the ClerGof the Court by Hon.
r. +. Lester. After argument the Court
rendered Its decision in the form of an or
der that under section 3541 of the Code the
Clerk was not authorized to take bond
from the claimant Weld in any other
amount than in double the sum claimed
by the plaintiff in the suit to which the
garnishment was incident, and therefore
the rule was discharged, This is the first
instance during the past thirty-twO years
that petition was heard to rule the Clerk
of the City Court. The decision of the
court is of interest, especially as it de-
fines the statute relative to the amount OF
the bond which is to be taken in similar
proceeding when a claimant OF a portion
of the property would dissolve the garn-
ishment.
ASSIGNMENT OF CASES.
The following case on the civil docket
OF the City Court has been assigned for
trial on Tuesday, Jan. 27:
F. A. Warth VS.. d. j. Ryan. Libel.
The petit jurors are expected to be
present in the court tomorrow morning
at 10 O'Clock, at which time the following
cases will be called:
State vs.. William Scheihiug. Keeping
open a tipping house on the Sabbath
day.
State VS.. George Walthour. Carrying
concealed weapons.
State vs.. Charles Sagurs, Henry Lin
don, James White, Henry Ford, NJ.
O'Brien, Charles Price, George Sheldon
berg, Otto ShelblOod and Tom Brown.
Nagrancy.
State vs.. Robert Williams, VIM. Harri-
son and Edward Roberts. Simple larceny.
State VS.. Susan Price and Albert Wash
ingtOn. Assault and battery.
State vs.. Henry Roberts. Assault and
breach Of the peace.