The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-23
SOUTHWESTERN'S APPEAL
Formally Made Before Judge SpeeT In
the United States Court.

in the Circuit Court Yesterday-A
Big Land Case to Be Settled-Pro-
eeeds From the Schooner Joseph
| Souther to Be Divided.
The United States circuit court for this
district of Georgia met yesterday morn
ing at 10 o'clock for the November term.
| The circuit and district courts will be- in
session together about two weeks, during
which time much civil and criminal bust
ness win be disposed Of.
Few matters of importance came up
| yesterday, the principal thing being the
| question of the appeal of the Southwest
ern railroad from the decision of Justice
jackson with regard to its liability on the
Jripartite mortgage. Justice Jackson
gave the road the right Of appeal. but
! said the matter Of formally petitioning
for it was matter for the district Judge,
and the petition was presented to Judge
| Speer.
THE CENTRAL REFUSES TO JOIN IN.
! After filing the petition Mr.. Frank H.
| Miller asked the Central railroad through
| its attorneys. Messrs. Lawton and Cum
bingham, IF that road, against which judg-
| ment had also been rendered would ioin
in the appeal to the circuit court. Notice
having been given the Central in this way,
| the Southwestern was given the right to
| appeal the case alone and an order to that
! effect was signed by Judge Speer.
| The bill of assignments of error was
| filed by Mr.. Miller and Maj A. O. Bacon,
| who was also present. A bond of 81 900
! TO cover the bill of costs was filed with
the clerk, and Judge Speer granted an
| order requiring the receiver to pay for
! the printing of the transcripts of the
record for the court of appeals from any
money in his hands belonging to the
| Southwestern road. Among other papers
| filed with reference to this ease was the
! dissenting opinion of Judge Speer, from
! that of Justice jackson, with regard to
the liability Of the Southwestern road on
| this mortgage.
Mr.. MILLER TALKS.
Mr.. Miller asked yesterday when this
case would be likely to be heard by the
| court of appeals.
! THAT depends on the number Of cases
| on the docket" he said. a"We have thirty
| days in which to prepare the transcript
OF the records, and when they are filed a
motion will be made to have it
heard, but it will probably
be some time before it can be reached.
In speaking Of the Southwestern stock
holders meeting, to take place next
month, Mr.. Miller said he thought it
would be merely friendly conference.
| Several questions as to what was best
for the property would probably arise, he
said, and he thought they would be set
| tied in friendly manner. He said he
! had no doubt but that the road would re-
main with the Central, and thought the
meeting would come to that conclusion
| by large majority vote.
| The bond which the South western has
! been required to give in order to super
sede Justice Jackson's decree has been
! fixed at 81, 100000. The supersedeas will
not be filed however until a transcl ipt of
| the records has been made, and then an
appeal will be presented to Justice Jack
son to reduce the amount of the bond re-
| quired. The impression seems to be that
! the amount of the bond will be very
greatly reduced upon the showing that
may be made. Justice Jackson 8 last de-
| cree is regarded as much more favorable
to the Southwestern than the former one.
CASES ASSIGNED FOR TRIAL.
Besides the assignment of cases very
little other business was transacted by
the court yesterday. The cases on the
docket were assigned as follows:
Tuesday, Jan. %, the Intervention of
the Brush Electric Light Company against
| the Central railroad, in which the
masters report has been filed; Wednes
| day, Boykin. Connor & Co. VS.. w. b.
Folks; Thursday, Jan. %, Hamilton
! Fraser & Co. VS.. Strauss & Co.. Friday,
Jan 26, the United States VS.. the steamer
! Northen; Monday, Jan. 80, George A.
1 kiser VS.. Jesse Paulk, and H. w. Hop
| kins VS.. S. r. VanDuzen; Tuesday, Jan
30, Jasper DeLaughter VS.. the Valdosta
| Times; Wednesday, Jan. 81, Julia Blen-
helm vs. d, S. Sinclair, and George w.
Bandy VS.. the Phoenix Insurance Com
| pany; Friday, Feb. 2, Waldrau 81 fainter
| r II Al .InhnGOn nthar on, 1n
docket will be assigned during the term.
An order was granted in the case of B.
| e. Wilcox VS.. the Greenwich Insurance
Company on application of Messrs. Lester
Il Ravenel, attorneys for the defendants,
requiring the defendant to produce the
proofs of his loss in the fire which de-
stroyed some of his property at Darien.
BIG LAND CASE.
When the suit of Mr. Thomas Watson
was called in the court, Maj. Meldrim, who
represents the plaintiff asked that the
matter be referred to a special master to
report upon the validity of the titles to
the land which Mr.. Watson is endeavor-
| ing to establish.
Some time ago Mr.. Watson, who lives
in Chicago, bought large tract of land,
amounting TO about 10000 acres, in
| Emanuel couaty. He has all the original
grants and titles, which on their face
seem perfectly good and beyond dispute.
| The titles, however, are questioned by
some of the present tenants on the land,
who are represented by MIR. s. B. Adams
Maj. Meldrim said yesterday that there
were on some portions of the land ten
ants who had been there for a large num-
Der of years, but that this was not the
part that was particularly in dispute.
He said his client had claim which on
its face was perfectly sound, and all he
wanted was that the court should pass
upon them and decide whether he owned
the land or not. An order will probably
be passed referring the matter to a special
master.
TO DIVIDE THE PROCEEDS.
The case in admiralty of the Ocean
Steamship Company against the schooner
Joseph Souther will probably be amicably
| settled. When it was called in court, Mr.
/ c. n. West, for the defendants, and
Messrs. Lawton & Cunningham stated
that they had decided to take a consent
! decree.
MIR. Lawton was directed to draw up
| decree. under which the plaintiffs will
! get half the proceeds from the sale of the
/ schooner and the defendants the other
| half The schooner, it is thought, will
! bring about 81 500 II will be remembered
that the Joseph Souther was towed in by
the Dessoug just after the August storm.