Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-11
THE DECREE
In the Last of the Savings Institution
Cases Entered In the Circuit Court.

In the Last Ot the savings institution
Cases Entered In the Circuit Court.
Several days ago the REGISTER men
toned the fact that decree had been
made by Judge Boyd in the last of the
Savings Institution cases, the cause being
styled d. Lamb, trustee, v. John J. Jones,
administrator of the estate of Alexander
Laughlin, deceased, and Joseph F. PAUL.
This decree was formally entered yesterday.
The pertinent portion Of it is as follows:
The Court doth sdjudge and declare
that the defendant, John J. Jones, admin
istrator, &c, shall pay out of the assets of
such estate in his hands, TO be admins
tered, to the plainhn, D. Lamb, trustee,
for the benefit of creditors, the sum OF
So, 7S3 &C, with interest from February -,
1871, until paid, subject to the tol-
lowing credits: S27O.sS as of May -,
1871, being eight per cent. Of
s., So -, the balance due Laughlin, Bros.
X Co. when the Wheeling Savings Institu-
tiou failed, February -, 1871, with the
Fortney collection OF March 7, 1871,
Sli3 II added to said balance: Sl3j II,
being per cent of said s.. 3~j y as OF
March ~, lS72; SOL - being per cent
OF said s., 3-5 s., of October l6, 1916;
$iOl - being three per cent of said
s., 3~j5S, as of May 81, 1871; Sl~6l9,
being . per cent Of said S5,5Nj -, rs Of
December % lSSG, said credits being the
equivalents nt each and ali the dividends
which have been made to the creditors Of
| the said Institution. The said S3,7~3 G6
aud interest, less said credits, amounts
| To s. 331. It., which sum il to bear interest
from May 10, ls~S, until paid. Plaintiff
| is also to receive from defendant his costs
Execution il suspended Tor sixty days, 10
enable the defendant to 90 to the Supreme
! Court
the cause of r. J. Smyth's administra-
tor V. the New York Life Insurance Com.
pany, in assumpsit, upon the claim of l.
| q. Dillon, came on before Judge Boyd,
| yesterday, the following jury being I'M
plneled, J. II. Ball, James Duily, Chris
/ He'll Geo. Baker, John Fulton, Isaac
| Sldler, Fred. llue, Thomas Norton Plat
Noble, Thomas Burke, Henry Schaler, and
! Nelson Thonburg Before this Jury was
| selected, however, the Court announced
! that after due considerations the motion OF
May 3rd, to have the order directing the
| issue modified, had been OveTruled, tO
| which counsel for the administrator eN-
cepted. Tne taking of evidence was then
commenced, and by 1 o'clock the plaintiff
! had rested. 4 short recess was then taken,
to allow the counsel for the administrator
| to consult, and then the counsel for Mr. Ali
son made q motion to exclude the plain
TN 3 evidence, and another to exclude all,
Eve 30 much as related to a certain claim
Of ~ iSj. In making these motions
Mr.. Russell said they were made upon
the claim that there had been no adequate
proof adduced by the plaintiff, as TO his
whole ella m The motions were Overruled
and defendant excepted The evidence for
the defense wa' tnen proceeded with.
McSsrs. Hubbard and Clarke appeared
for Mr.. Dillon, and Russell, i.rsklne and
! Allison tor the administrator.
The case Of L. J. Smyths administra-
tor the New England Life Insurance
Company, was sci for a future day OF this
term.
In Part Two, Judge Jacob, in the case
Of John Fowler v Dr. Phillips, the Jury
was unable ta agree and was discharged.
In the case olthe State Y. Geo. Meadley,
indicted for grand larceny, the attorney
for the state declined To further prOsecut,
under the indifferent, and th" prisone
was discharged.
The case OF Oscar Seeley Y. Louis Har
tong, was put on trial.