Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1894-01-05
Madison. Dee. ~.


Madison, Dec -.
The decision Of the most general i'm
pOrtance handed down by the supreme
court Friday WilS 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 x Trust company
vs.. GeilfusS as assignee. Judge John
SON of the Milwaukee circuit court
had made an order that GcilfuSS Us
assignee pay over to himself us receiver
the assets OF the bank.
The other case was that Of Edward
ASchermann vs.. the Commercial bank.
In this Judge Johnson ordered that
Gellfuss, as receiver, pay to MllWau-
kee county SDoHU as Il preferred cred
ltor.
Both these orders by Judge Johnson
are nulllfled by the courts decision
The supreme court decides first, that
the assignment Dy tne Dallk was Il
valid instrument; second, that under
the assignment milwaukee, county Is
ment; third, that 1t was an error for
the circuit court 10 ofdef the assignee
|" turn over I" the receiver 'he prop
er'S ahd assets Oh me o'tllA' lo''r'li,
mat the proceedings III the c'tse ol
ASchcrmann VS.. the bank dlu not Val
cate the assignment, and that as all
funds which the receiver mad Ill his
possession were derived under the as
Segment, II WAS an error 1of me CIR
cut court 10 "foef 'l1e receiver III lhe
AScil'Tmamn case 10 pay over soo'ooo
to milwaukee, county as preferred
creditor.
The ease OF State eN rel. Jones VS.
oates, Wllich WAS dccided' II q'll'e III
teresting. The controversy was to de-
eide which OF the two men, Jones OF
Oates, is entitled to the Office OF clerk
of the circuit court OF La Fayette
county. The relttor 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 mand:tmuS proceedings to get
the office The circuit court gave .ludG-
ment i'll favor Of the relhtor. The con
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, VINO has been holding onto
the office for the past two years or
SO. will have to relinquish in favor Of
Mr. Jones and pay over to him the
equivalent Of all revenues he has re-
ceived by virtue of the office.
lhe offlcl;Il l*poN OF the proceedings
IS as follows:
Regan VS.. {. NJ. 4 ST L. KY. co,
Appeal dl~hiiSS"'l y! StlP'alloli' Will
out costs.
Northern racine fallW;'! company
vs.. McMullcn. Motion for rehearlng
denied with 30 costs
Northern Pacific Railway company
vs.. Selpp. Motion Tor reheafln@ &c
MED with SO costs.
State eN rel. Free High School Board
vs.. Lamont. Judgment affirmed.
Hail VS.. American Masonic Accident
association. Judgment affirmed. JUS
hce MnSloW dlSSents
Burr ell VS. Hudson Saw Mill com
pany. j ldSment affirmed.
MuTph.T ct al. VS.. State. Judgment
affirmed.
Faurot rs. Gates. Judgment affirmed.
Topping VS.. Town of St.Lawrence.
Judgment affirmed.
Jensen VS.. c.. st. 2. NJ. & Q. Ry c.
Judgment reversed and remanded for
n new trial.
Weld VS.. Johnson Mfg. Co. Order
affirmed Justice Winslow dissents.
Chief Justice Lyon and Justice Orion
dissent from the form of the iudg-
ment
Thompson VS.. Johnston Bros. Co.
Judgment affirmed.
Maher VS.. Davis & Starr Lumber Co
Judgment affirmed.
Evans VS.. c.. st. 2. NJ & O 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. Ry. 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 PRESENIA1loN-