The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-03-09
TAKEN TO A HIGHER COURT.
The Supreme Court to Take Up the
Eastern Circuit Cases This Week.

Ths Supreme Court to Take Up the
Eastern Circuit Cases This Week.
The supreme court will take up cases
from tie eastern circuit tomorrow. and this
Will necessarily draw away from the
bar during this week and next
nearly every prominent lawyer, as
there are large number Of
cases which have gone up from Chatham
county and from the circuit IN which the
home lawyers are Interested as counsel.
Some Of tnem went up to Atlanta last night
and Others viii follow to-day and to-mor-
row.
Among the cases which have gone I'D
from the superior court the Weed case Is
probably one which will attract the most
attention, as the decision will fix the status
of the city tax ordinance for the present
year. The title of the case is Joseph d.
Weed ct al. Vs. the Mayor and Aldermen of
the City of Savannah. The petition al
leges the invalidity Of the municipal
tax ordinance Of 1889, because it did
not tax all species of property at a uniform
rate per cent. The court below granted an
Injunction restraining the city marshal
from enforcing an execution upon property
in default for taxes under the disputed or
dinance. City Attorney S. B. Adams, who
left for Atlanta last night, says that he
thinks the case will como up on Wednes-
day of next week.
The other cases which have gone up from
the court are as follows:
Louisa Schon VS.. executors of estate of
Lavinia Lawrence. In equity, and title to
| a lot the issue.
Appeals of Frank z. Kane. Joseph Smith,
James Harrigan and Henry W. Howard, in
| each case the Savannah, Florida and West
| ern Railway Company being tine defendant,
new trials having been granted, upon which
| ruling plaintiffs appeal.
| i. b. Dotterer, trustee, ct al. VS.. William
| s. Bowe and commissioners OF Chatham
county, garnishee. The court below held
that the county is not subject to garnish-
ment, on which ruling plaintiff appealed.
| The litigation grew out OF the construction
of the new jail, Bowe being the contractor
and Dotterer one of the creditors of Bowe.
| H. B. Clatiin 81 Co. and Jatfrey & CO. VS..
| David Weisbein and the Jersey Continental
| works ct al. The creditors of David Weis-
| bein joined in a suit against plaintiffs to
recover the value of goods they took posses
| sion of after the failure and flight of Weis-
| bein. Verdict and judgment was obtained
| against Clafiin & Co. and Jaffrey q Co. il
| the court below and appeal was taken.
! Sarah Walden VS.. s. +. Dupon, Jr., eject
ment. Title at issue. Appeal by defendant.
| E. Y. Ham, plaintiff in Fl. IA, VS.. John
| Mclaughlin, trustee Of Johanna Lawns
heirs, and a. Bonaud claimant. A piece of
property at Isle of Hope at issue Ham
| levied on property for debt of Bonaud, and
heirs of LAWN claim title. Appealed by
defendant trustee.
June Burns VS.. Ocean Steamship Com
pany. Action for damages. Plaintiff non
suited in the court below, and appeals.
E. F. Stanford VS.. c. P. Connery and
William Hone, surety. Appeal by defend
ant surety.
Cole, simkins & Co. VS.. Central Railroad
and Banking Company Appeal on a de-
| murrer sustained by the court below.
State VS.. Thomas Franklin. The defend
ant was indicted for assault with intent to
murder After the jury was impaneled
and defendant had pleaded it was found
that the defendant was charged with hav-
ing shot at himself instead of the prosecuting
| witness. Solicitor General Fraser then had
the case arrested and the indictment nolled.
| Plaintiffs counsel, Mr.. Osborne, moved for
discharge of the prisoner, which was over
| ruled, the defendant held, re-indicted, but
counsel for FRANKLIN entered a plea Of
jeopardy, which was overruled, and the de-
PENDANT forced to go to trial and was con-
victed The case goes up on an appeal tc
the ruling of the court below.
State VS. George H. Robinson, convicted
of assault with intent to murder. New
trial was desired and defendant appeals.
There are only four cases which have
gone up from the city court, as follows:
John w. Cotchett VS.. Savannah and
Tybee Railway Company, suit for damages
A nonsuit was granted in this case, and de
PENDANT appeals. He was injured by fall
ing backward off a Tybee train. and as 6
result of his injury had one foot amputated
David Walthour, by his mother, VS.. City
and Suburban Railway Company. Plaintiff
obtained verdict in the court below, and
the defendant company appeals.
Patrick Robinson vs. Henry Suffer. Sultel
foreclose1 mortgage for groceries fur
nished and money loaned R binson, anC
Robinson takes the case up to recover title
Standard Oil Company VS.. c. M. Gilbert
& Co. The plaintiff sued for oil furnished
Gilbert & Co., who put in as offset an un
completed contract by a company which
the Standard Oil Company had bought out
and the defendant obtained a verdict aud
Judgment for balance due on the old con
tract. The Standard Oil Company takes
the caseup.
| Merchanta' Week Subcribara