Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1894-01-04
Madison, Dec. %

Madison, Dec. %
The decision of the most general i'm
portance handed down by the supreme
court Friday was that in the case of
the Commercial bank, of Milwaukee,
There were two cases involving the
same subject matter, one that Of the
Garden City Banking Il Trust company
vs.. Geilfuss as assignee. Judge John
son, of the Milwaukee circuit court,
had made an order that Geilfuss as
assignee pay over to himself as receiver
the assets of the bank.
The other case was that of Edward
Aschermann VS.. the Commercial bank.
In this Judge Johnson ordered that
GeilfuSS, as receiver, pay to MilWau-
kee county $4,000 as preferred cred
itOr.
Both these orders by Judge Johnson
are nullitied by the courts decision.
The supreme court decides first, that
tie assignment by the bank was a
valid instrument; second, that under
the assignment Milwaukee county is
not entitled to any preference Of pay
ment; third, that it was an error for
the circuit court to order the assignee
to turn over to the receiver the prop
erty and assets of the bank; fourth,
that the proceedings in the case of
ASchermann VS.. the bank did not va
cate the assignment, and that as all
funds which the receiver had in his
possession were derived under the as
signment, it was an error for the cir
cult court to order the receiver in the
ASchermam case to pay over $4,000
to Milwaukee county as a preferred
creditor.
The case Of State eX rel. Jones VS..
Oates, which was decided, is quite in
teresting. The controversy was to de
eide which of the two men, Jones 81
Oates is entitled to the office Of clerk
Of the circuit court of La Fayette
county The relator, Jones, the dem
ocratic candidate, had the certificate
of election and the defendant, Oates,
who was the republican candidate, also
claimed to be elected. The relatOr
brought mandamuS proceedings to get
the office The circuit court gave judg-
test was taken to the supreme court
with the result that the judgment of
the circuit court was, sustained. The
effect of the decision will be that Mr..
Oates, who has been holding onto
the office for the past two years or
so. Will have to- relinquis99 in favor of
Mr.. Jones and pay over to him the
HOY, e ON l,n baCs
eeived by virtue of the office.
The official report of this proceedings
is, as follows:
Regain VS. c. NJ & st. 2. Ry, Co
Appeal dismissed by stipulsItion, with
out costs.
Northern Pacific Railway company
VS.. McNruIlen. Motion for rehesring
denied with $50 casts.
Northern Pacific Railway company
VS.. Seipp. Motion for rehearins de
MED with 500 costs
State ex rel Free High School Board
VS.. Lamont. Judgment affirmed
Hail vs. American Masonic Accident
association Judgment affirmed. Jus
tice Ninsfow dfssents.
Burr ell VS. Hudson Saw yEill com
pany. 1dgment affirmed.
Mmph,r ct al Us. State. Judgment
affirmed.
F5rurot VS.. Gates. Judgment affirmed
Topping VS.. Town of St.L@wreDce-
Judgment affirmed.
| Jerrson VS.. c.. ST. 2. NJ. & O. R'y c..
| Judgment reversed and remanded for
a new trial.
| Weld VS.. Johnson Mfg. Co. Order
affirmed Justice Winslow dissents.
/ Chief Justice Lyon and Justice Orton
| dissent from the form of the iudg-
ment.
! Thompson VS.. Johnston Bros Co.
Judgment affirmed.
Nraher VS.. Davis & Starr Lumber Co
Judgment affirmed.
/ Evans VS. c., st. P. NJ. B 0 Ry. Co,
| Order affirmed.
Bourgeois VS.. n. w. Natl ms Co.
Judgment reversed and cause remand
ed for a new trial.
WILDER vs. Wis. Cent BY. Co. Judg-
ment reversed and cause remanded for
! a new trial.
State ex rel. Jones VS. Oates. Judg-
ment affirmed.
| Mechan VS.. Blodgett. Order reversed
! and remanded for further proceedings
according to law
! Perkins VS.. Wilkinson. Judgment
affirmed
The court adjourned sine die.
| PORTRAIT PRESENTATION.
! The fact that there would be pre-
sentation of an oil portrait of eX-Chief
Justice Orsamus Cole brought a great
many persons to the supreme court
. chambers yesterday. Among the num-
/ Der were several prominent ladies Of
this city.
Nearly all the members of the NIadi-
! son bar were present, and many from
various portions of the state.
In the front seats were Governor
Peck, Judge Romance Bum and JUS
| tice- Elect A. W. Newman.
In full view of the assemblage was
the portrait of ex-Chief Justice Cole
the work of Frank E. Pebbles, an ar
fist of Chicago.
In due time Judge Charles E. Dyer,
Of Milwaukee, addressing the court,
made the presentation speech. He said
that the motives which prompted the
preparation of the portrait Of ex-Chief
Justice Cole was that the court room
might be adorned with the memorials
! of those who, in their day and gene
ration, faithfully served the state in
\ the administration of iuSticp like thn