Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-04-06
HAS NO STANDING.
The Twenty-third Street Paw.
ing Injunction.
JUDGE GLENN so DECIDES TODAY

L.
The Position Sustained by the Court-An-
other Victory for the Rock Island Coun
Gil In Behalf of Paving-Other Proceed
ings in Court.
Judge Glenn disposed of the appli-
cation for injunction in the Twenty
third street paving Improvement this
noon, by dismissin@ the bill and de-
Ginning to interfere with the councils
position in the matter.
The court maintains that the oh
Jcctions to the ordinance on the
ground that it was void and irrcgu-
lar, that should have been filed in the
county court at the time the iudp-
ment was rendered on the assessment.
cannot be urged as ground for an
injunction now. The petitioners on
this point had their day in court and
failed to avail themselves of it, and
cannot be heard now.
The general allegations of fraud
averred in the bill are not sufficient
because the oaly facts set out are
that the council acted fraudulently
with reference to the brick selected.
and on the point of merit in mate
rial the court holds the council is
Just rs competent TO determine as the
court is.
Further than this, the court de-
cIincs the application on the ground
that X. j. McGce having Withdrawn
his check and bid. there is really no
bid before the court in dispute with
that on which the council acted ia
vorably.
The ruling of the court will
cause much qualification in view OF
the fact that it is the first instance
where opposition has been exerted in
court to paving progress in any
form. and the outcome is q decided
victory for the council in such mat
| tiers.
| Court Cuttings
Judge Glenn requests the presence
OF all the members of the bar in court
at 9 O'Clock tomorrow morning for
the purpose of setting trial list for
next week
The case of j. W. Anderson VS..
| Charles Schiller. for malicious pros
ccuiion. came to an abrupt terminal
! ton yesterday afternoon at O'Clock,
at which time Judge Glenn in
strncted the jury TO return n verdict
for the defendant.
In the county court Yesterday
afternoon Gust +. Peterson, OF Mo
line. was brought before jury COM
posed Of DR.. ). c. Plummer, }. h.
Maslin, j. ". Britton. f. Ii. Wright.
Il. c. Clarke and &. W. Bates. and
| Investigation made as to his sanity.
He was found insane and ordered
sent to Jacksonville. whittier he left
this morning with Sheriff Gordon.
This morning the damage case of
|. W. Bortner vs.. G. ". Fuller for
the loss of valuable horse. came
up, and is being tried before ia jury
composed of: Joseph Kali. Richard
Coleman, Robert Beck. James Blake
ley. Walter Kimball, George Graves.
j. p. johnson, George Wiese. August
Dorst. Boyd Girton, Charles Brown
and Frank Beatty. W. A. Meese APP
pears for the plaintiff and William
Jackson for the defense.
The case of Il. :. and Daniel Mont
gomery vs.. George and Joseph Kell,
to secure payment on n ncte for
1875, was tried before n Jury COM
posed of W. o. Barnhart. W. T. Mil
Ter, James Green, Charles Hintz,
George Schcrer. Joseph Kali. Frank
Beatty. Walter kimball, Il. c. Beck,
j. ID. Kane, Charles Rrasher and
George Blakeslv. W. II. Gest APP
peared for the complainants and c. j.
Searlc for the defendants. After re-
naming out for n short time the
| jury returned a verdict in favor of
the plaintiff for Si70.67.