The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-24
FIGHT OVER A DECREE.
THE MASTERS REPORT IN THE
SHORT LINE CASE SUSTAINED.

The Fort Valley Railway Company
and the United States Constructor
Company Get What They ASKED
For-Lawyer Vests String of Oh
jections TO the Courts Rulings
New Trial to Be Asked For In Be
half OF John 4. Powers.
The litigation in the Savannah, Dublin
and Western case was advanced a step
nearer the supreme court yesterday by a
verdict and decree, which sustained in all
/ its parts the decision Of the master, John
NJ. Guerard, Esq, which substantially
gives to the Savannah and Fort Valley
Railroad Company. and the United States
Construction and Improvement Company,
all that their counsel, Capt. H. c. Cunning
ham, claimed in the great legal battle in
the superior court recently, which lasted an
entire week.
The proceedings in the superior court
yesterday were enlivened by a rather warm
exchange of legal repartee between Capt
Cunningham and Charles N. West, ESD,
the latter objecting to the regular panel of
the jury to pass upon the case, and asking
for special jury, which motion the court
oxerruled, and MIR. West excepted He
will ask for a new trial, and, failing to get
1t, will take the case to the supreme court.
He repres nts John H. Powers, who is away
down on the list of creditors, as far as pri-
GRITTY goes
The lions share of the money goes to the
United States Construction and Improve
ment Company, whose stock is controlled
by friends of the Central. The court fol-
lowed the verdict with decree confirming
the same.
After first finding for court costs, COM
pensatlon to master, Receivers Cohen and
Davant, and receivers counsel and moving
counsel, the second finding was for 81, 144 Is
for, w. Fl. Ferguson & Co., but this is alb
sorbed by liens upon which judg-
for Hagin & Screven for 1864 10 and for
Samuel McPritchard for 81, 179 90.
Judgment Is next given in favor Of r. NJ.
Hardeman, Evap p. Howell and Howard E.
Palmer for 80, 900 in the aggregate, and
then follows the judgment of $40, 1917 GA in
favor of the United States Construction
aud Improvement Company, which, with
the SO. 900, was secured by bonds of the
Savannah, Dublin and Western Short Line
hallway Company, issued Jan. L, 1886.
Next in priority are claims amounting to
$5,6l2 70, all of which are held, by pur-
chase, by the Savannah and Fort Valley
Railway Company
Next in priority are claims of creditors
on Judgments obtained at the May term,
1888, of the city court. amounting to 81,
937 81. Suudry judgments in Justice Mo
lina's court amounting to $S3 25, and then
comes the judgment in favor of Jno II.
Power for 81, 1913 "a obtained at the MAY
term of the city court.
The verdict and decree then find due on
open accounts by the Savannah, Dublin
and Western Short Line Railway
Company various sums aggregating
SOL, l6S 70, of which Lawton &
Cunningham for the Savannah
and Fort Valley railway are preferred
to the amount of 1927 ,447 AZ, and the next
largest item of the open accounts follows
next, and is in favor of The Brill Com
pany for $21 ,223 20. All the Judgments
carry with them interest on the principal
sums found for complainants
Until the matter is terminated in the
higher courts the funds invested III the city
OF Savannah bonds will not be required
Tor distribution. 1t is understood that
none of the opposing council but Mr.. West
object to the verdict and decree.