The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-24
CELEBRATED CASE ENDED
Bennett Receivership, Which Tangled
Up the Courts, Finally Cleared Up.
Suing the BrightwoOd Air-Ship Enterprise
Robert McGilPs Estate-Johnson Ac-
Quilted Miscellany.


One Of the cases that have become famoul
10 this county was settled yesterday IN
Room of the Superior Court. before spe
;iel Judge James +. Mccullough. The
case was the sult of the United States en-
caustio tile works against William ii. Ben
nett for the appointment of receiver
The case was begun IN January. 1892. and
Smith Myers was appointed receiver bJ
Judge Harper. A few days sfterwarC
Frederick w. -Cady was appointed receives
for the same property in the Circuit Court
There was lively legal war be
tween the receivers for the posses
sion of the property. which terminated
In possession being given to the receives
appointed by Judge Harper. The contro
versy of the receivers arose over the issu
In of summons in the case in Room 2
she defendant setting up that there hat
been no service. but there was an appear
ance entered of record, and this was held G,
be waiver OF service. The receiver yes
terdey filed his final report, which W as ap
proved by the court and the receiver dis
charged. The portion of the property
" hich goes TO the creditors was very ma
terially reduced by the heavy costs III th'
case entailed by the litigation had In tn
settlement Of the controversy.
The receivers report shows that he col
lected from all sources. Sa.O52. Is: his ex
peDees were as follows Clerk hire. 1888. so
labor, Sil2.75; rent. s9l1.5O; supplies SS7S. l6
care of horse. Sl36. ~: taxes. S255. IL; sdver.
10 receiver, $50; receivers attorneys, 500
n m RES %1S5- %. total SIS 217
After deducting the amount paid out TO
expenses there renamed in the hands of tn
receiver the sum of 81. 1919. OF thu
however, the sum of e. $50 wa
paid to george r. Sullivan as trustee flo
on April /. 1898. and the cour
that the balance of 1904 70 in tn
hands of the receiver be also paid TO Sulli
van as trustee The claims of the pre-
ferred creditors represented by Sullivan
to IS. 1854. but prior to the ap
pointment of the receiver. the trustee ha'
collected about $500, which, with tn
amount paid him by the receiver, woul,
not liquidate the claims of preferred cred
irors by abont $1,000. Tho court also al
lowed the claims amounting 20 1926 of cred
ltors under second mortgages. junior t.
those held by Sullivan as trustee.
The defendant fiied o petition for an al
low aDce of $500 his exemp tion. but tn
court ruled that amOrtgsgeor cannot clam
his exemption as to mortgages. though b.
may IS TO others. The defendants attOr
neys took exceptions 10 all the proceeding
in the case and TO its final settlement. an
v yesterday filed motion for new triaI
setting up more than forty alleged errors O
thu Gal court. The motion was promptly
over5gsed and the defendants ALLOW ed tim
in which TO file q bill of exceptions.
Potent Died just in Time.
In che suit in the Superior Court. Thurs
day. wherein Dr. Denke- W alter filed al
All davIt for q continuance, he did no
allie &c that he was unable TO attend tn
trial on account If being himself i'll, bu
alleged that patient whom he was treat
ing was so dang fonsly Ill that he cOul
nor leave him. This paIlent ives q ma
named Ebel, residing at Glasgow, ~. Y
and was NJ spencer. as stated In the att
dayit. DIR. Denke- Walter afterward
was with the dead body of his patient
which was shipped Eost over the Pan
handle.
johnson Acquitted.
George Johnson was tried and foun
not guilty of petit larceny by q jury In tn
Criminal Court yesterday. johnson wa
one of the witnesses for the defense in th,
Els ster murder trial. He Is one of che me-
in the saloon at the corner of Third streec
and the railroad when the shooting oc
Cured. and was introduced TO show tba
John Venable was not out of the saloon
Johnson was arrested by parroIman Carte
and was accused of stealing four pool ball
from Charles jackson. proprietor of tn
saloon.
Air Ship Company Sued.
Thurman * VIM. patent attorneys. ye,
terday began suit before Justice Daniel
against the Aerial Navigation Company
incorporated for the manufacture of al
ships. after the Brightwood pattern. fo
e27. The amount, IL is claimed, is due fo
labor and material furnished in the cor
Btructlon of the air ship made by that con
psny. The same attorneys brought sui
against Thomas |. Dillon for 500. whic
they claim is also due them for labor an
material furnished In the construction G
the ship.
To Forfeit Brewery's Bond.
district Attorney Burke has filed SUI
against the Berghoff Brewing Company. o
Fort Wayne. to forfeit its government
bond. and for the collection of g.. 0OO of un
paid revenue. The complaint alleges tina
the company has been sending on
beer In packages holding more than the
u.
frauded the government in that way.
Important Decision Awaited.
The Superior Court. in general term, vii
sit next Monday morning when there wi
be handed down an interesting decision il
the case of Obadiah Baker against j. v
Lanktree, 20 foreclose mechanics lier
The decision is one that will be of geners
interest. and especially TO mechanics an
material men.
Robert sfcGiii's Estate.
Margaret Conover and others yesterda
began suit against George X. Waldo an
others for partition and the appoin tmeI
OF commissioner to sell the property @
which Robert McGiil died sliced. All th
parties 10 the euit, five IN number. weI
nephews or nieces of McGill and were hi
only heirs.
The Court Record.
APPELLATE COURT OPINIONS.
764. John Taylor. ir. vs. Trustees of Fir.
Congregational Church Society. LaPort
exceeds the demands of the complain
there should have been motion to modif
aad the rulings thereon presented TO tn
pourt BY q bill of exceptions 2. Where
cause 10 referred to q referee the appellan
is precluded from asserting there was ID
written assent thereto IN the absence u
an objection TO the action or the court !
90 referring.
500. Cynthia A. Rooms VS.. Robert Clul
gish et al. Henry q. {. Reversed. Davi
THE act IN fo=ce April p. 1859. in rel,
WAS repealed by implication by the a,
providing for the improvement of streets