Omaha daily bee., 1891-03-19

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construct stock yards and to stop all local
IVA sson ger and freight trains for tho accom-
modal ion of the public,
SUPREME CouW prCsjoSa
Tho following cases wcro BANDED down
today In the supreme court
Grim vs. Robinson. Error from Butlor
county. Reversed and reminded Opinion
by MIR. Chief flustlcc Cobb.
NcDra,Na Il Colorado railroad com pinN vs.
Scott. Error from fhayor county Affirmed
Opinion by Justice Maxwell
Eirst National bank Of Columbus vs. tlol.
lcriu. Error from Platte county. Affirmed
Opinion by MIR. Justice Maxwell.
Gates vs. Parrott Error from Boone
county. Reversed and rcmandcd, Opinion
10y MIR. Justice Norval.'
St Louis wrought iron range company Ns
Meyer. Appeal from Douglas. Opinion 10y
Mr. Chief Justice COBB.
H. was IA rcstuuratcur Mt Omaha, in failing
circumstances, VINO scaled his creditors 10.
gother, the plaintiffs and defendants who
agreed that the property Of II. should 10
taken in charge, In trust, TO secure equally
all of the creditors designating NJ aud a,
two OF the creditors, AS agents and trustees,
who took possession OF the property and
caused to be executed first to NJ. and next to
A. and thereafter in priority according to tho
greater amounts duo to each creditor, u
series of chattcl mortgages by B, The prop
crty was sold at public auction under the
distributed accordingly, leaving the claims
of others unpaid. In an action by the other
creditors against NJ aud \. for an cGual dis.
triOution, held, that NJ. and A. were trustees
aud agents, for al the creditors aud the pro.
cccds of the sale be paid TO the several cred.
itors prOrata according to their respective
claims.
Denver, Texas & Gulf railroad company IS
llutchins. Error from Lancaster county.
Reversed and rcmandcd. Opinion by Mr.
Justice NUrvai.
rIandcy vs. Pcarsc ct al Mandamus.
Action dismissed Opinion by MIR Justice
Maxwell.
Lcahcy VS. State Error from Fillmore
county. Reversed and rcmandod, Opinion
Dy MIR Justice Maxwell.
The foil owing cases were argued and sub.
nited Pierce VS. Kcarncy canal company,
on motion; DeCring vs. Miller; Schuster vs.
Sherman, on motion; StricklCt vs. llargis;
Estery VS. FrolKy; BruuCk vs. Wood, XII
patrlcKvs Calender; Logan county VS. Doan;
Buffalo County National bank VS. Hansen;
Herbert VS. Kecl<; Consaul vs. Sheldon; st.
Paul fire and marine insurance company VS
GOthclf; Harrison VS. Stipcs; Hill VS. Hell
man; Meyer VS. Pagan
The following cases we're ntnued' Vim
cent vs. State; Arnold VS. State.
Stato eX rel. Smith VS. Brown, rclatOr or.
dcrcd to tile and serve briefs In ninety days,
or cause dismissed.
Court adjourned to Thursday, Match 10, at
Q o'clock a. m, when the causes from tho
ILlcNentn district VIII De Callel.
DAMAGED ONLY FIFTY DOLLARS WORTH
The case for s., 600 damages brought by
David A. Riddle, who claimed that state
ments made by James \. Baker derOgatOry
to his honesty damaged hlm in that amount,
was given to the jury yesterday afternoon.
Later in the evening avcrdict was rendered
giving plaintiff $50 damages, which also car
rics the costs with it.
STOPPED THE SALE.
The sale of the grocery stock of the late
firm of krausc ~ SChmitt, under a chattcl
mortgage held by II. p Lau, was begun at
the room on South Tenth street this morn
ing, but came to a sudden ending when Con
stable Brad Ringer appeared with writ of
replevin sworn out by c. &. White, Lasch
Brothers and others, claiming that a portion
of the stock about to be sold was their prop
erty, or property upon which they had
claim. The sale was stopped. but Mr.. Iau
had Sheriff McClay replevin the stuff this
afternoon and proceeded with the sale.
DRuMMERs KICK.
John Drummer, the aged farmer who suel
John Roddcn for 81 900 damages for assault
ing him so viciously that he has become
paralytc, and whom jury in the county
court awarded the sum of S'5, has applied
for new trial, on the ground of fraud and
undue means on the part of defendant, bias
and partiality on the part of the jury, and
that the measure of damages was wholly at
variance with the injuries sustained. IL. +.
Rose, his attorney, filed an affidavit, III W IieE
he says that Rodden spoke to one of the jury
men, j. Il. Bing, after the trial hai begun.
regarding the case; that the jurors separa ted
after the adjournment for supper. and that
one Dunlevy, II friend of Rodden, followed
Jury man NIcRoberts with the evident inten-
ton of baVing a private conversation; also
that A. j. Sawyer. attorney for Roduen,
walked ten blocks that evening with Jury man
Bing.
ODDS AND ENDS.
The annual meeting of the assessors Of the
county was held in the court house yesterday
afternoon. ana the basis of valuation for
property fixed for this year The schedule
agreed upon varies but little from that
adopted last year
Captain Hill, the state treasurer, has been
honorcd by having a newly organized post
Sons Of Veterans named after him
The Weekly Independent, a bright pub
lication, after weary struggle with adver-
] sity has concluded to suspend publication for