Omaha daily bee., 1888-11-24
MUST DWELL IN UNITY.
Judge Dundy Decides tho Street
Railway

Judge Dundy Decides the Street
Railway Controversy.
Judge Dundy rendered his decision in tho
street railway injunction case yesterday,
1t resulted IN the temporary injunction
against the horse car railway being
informally set aside and the said
company being granted the privilege
of laying its tracks, provided ii file
bonds granting the Motor company the use
of its tracks, and ali track privileges that the
Horse Car company enjoyed from the same.
In doing so he recognized the priority of the
Horse Car company, but did not recognize
the matter Of giving that company the eXclu-
sive right. Attorney Howe entered n vigorous
protest, and was in favor of exclusive right
for his company. To this the court replied
that he was well aware that the chief point Of
contention was for exclusive right and fran
Chisc, but that it would not grant that
point, Under the present statutes of the
case, the Horse Car company has the right
to construct its tracks, but must hold Its
trackage open to the traffic of the Motor COM
pany. The attorney for the former gave
notice that he would hlc the necessary bonds
in the immediate future.
Deputy United States Marshal Hapfingcr
returned yesterday with n. IL. ElliSwiCk, an
attorney, whom he arrested at Whitman, Ncb.,
upon the charge of sending obscene matter
through the mail. He was arraignod before
Judge Dundy and entered II plea of not
guilty.
The jury in the Morat-Thiomnn damage
suit, after being out sixteen hours, returned
a verdict of 81 200 for the plaintiff.
j. w. West was admitted to practice before
the United States courts.
The case of the Kit Carter cattle company
against the Harlan cattle company, in an
action to foreclose a mortgage to the extent
of SI5, 900, was called before Judge Dundy
late yesterday afternoon.
District Court.
The attorney for the defense, in the lam
age case Of Palvcr against Garneau, will
make efforts to obtain a new trial at an early
date. The suit was brought for 81, 900 dam
ages, and a verdict for 1873 in favor of the
plaintiff was returned. The ground for a
new trial is that testimony can be introduced
showing that the claim OF the plaintiff was
an unjust one.
The case against Bernard Graus. charged
with receiving stolen property, has been con
tinued until Monday.
The supreme court in reversing the de-
cision OF the lower court in the trial
of NolIiner, charged with murder,
did so on the following grounds
That the court was in error in his coustruC-
ton OF the meaning of the word ''malicc ~
that error was also made in instructing the
jury to either find Il verdict of murder in the
second degree or acqult; that the instruC-
tons TO the jury and construction of the term
self defensc' were erroneous. Nollmer
has not yet been returned to the authorities
of Douglas county, but it is expected that he
will be conveyed here at an early date. Noll-
mer was convicted of the murder of John Quin-
Ian in April. 1857. The crime was committed
near Mueller's beer garden, this city. The
jury found the accused guilty of murder in
the second degree, ard the sentence inflicted
was twenty years in the states prison.
The case of Dodge against kcenc is on
trial before Judge Croft.
The case of Wilbur against Cannon is be-
fore Judge Doane.
The case of James Ledwich against L. H.
Tower before Judge Hopewell, an action
to recover S2l6 commission on sale Of real
estate was decided yesterday. The jury
found for the plaintiff in the sum of S23O.31
and costs.
The Jury in the matter of Anderson VS.
Martin returned a verdict for the plaintiff in
the sum of $225. 43.
Judge Hopewell tried the case of Selln-
berger vs. Lutzs, an action to recover the
value of services performed in the erection
of a refrigerator. The case was given to the
jury late in the afternoon.
County Court.
William A. Paxton has entered suit
against Louis p. Hammond for rent to the
extent of 800.
w. A. Paxton has entered suit against
Ascl Steere, jr., to recover judgment of $50
on a prOmissory note.
Thomas T.. Dupries has filed suit against
j. f. Hahn ct al. for 500 on a due bill.
John McDoughcrty sues w. A. Dewitt ct
al to recover Judgment on a promisSorv note
to the extent of $500. Also a second suit for
the same amount.
In the suit brought by Clough ct al against
Burke and others in the county court yester-
day, a verdict was given for the plaintiff,
manages $40 and costs.
0The case of Block VS. Mortice, before Judge
Shields, was continued until this morning,
h M n az in IA tpi,1
mutually agreeing to the postponement.
Meyer Hellman asks for judgment against
Eva Oliver, claiming $500 with interest.
This suit involves the possession of real es-
tate in Forbes subdivision.
Justice Court.