The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-08
THE MULLEN SUITS AGAIN.
-FOUR OF THEM HAVE BEEN RE-
OPENED IN THE SUPERIOR
COURT.

/ A Conflicting supreme Court Decis-
ion Said to Have Been FOund-The
Badly suit on TrinI-A. +. Pickett
& Co. Want to Secure "a Diamond
Ring for which They Were Not
Paid.
Four Of the Millen suits have been re-
| opened in the superior court. They are
among those which were dismissed by
/ Judge Robert Falligant after the de-
cision of the supreme court in the Prem
dergast case. in which the supreme court
sustained the decision Of the superior
court.
The papers in this suit were filed prac-
tically at the last moment by Mr.. J. "
Preston of Macon representing the Millen
heirs whom the decision went against
After the decision Of the supreme court
was rendered, six months was allowed
within which the suits might be REIN
stituted and that time would have ex-
pired within a few hours when they were
filed.
The suits filed are against Mrs. Mary A.
~ alllls anu AlStDAl " d - NA@NhAbA .
and trustees of the estate of James ].
Waring. Maj. G. NJ. Ryals, Jordan f.
Brooks and II. S. Haines. None of these
suits were in the litigation direct. but
| involved the same principles and were
dismissed by Judge Falligant after the SUI
preme court decision was rendered. Measrs.
Richards and Cronk, it is said, have
tated that they would take no part in
the re-opening Of the litigation. 1t is said
that in a recent case from another county
in which very much the same principles
were involved the supreme court prac-
tically reversed itself.
The suit OF NJ. j. Badly by his next
| friend against John II. Hunter, executor
! Of the estate Of II. r. w. Hunter, was on
! trial almost during the entire day in the
| superior court yesterday. The plaintiff
! asks for an accounting, and the case Is to
be heard by special jury from the grand
| jury The legal points in connection
with the case were heard yesterday, and
the jury will take the case up this morn
ing The amount involved is about $3.50.
A suit for injunction was filed by Messrs.
McAlpin and LaROche for a. f. Pickett
& Co. yesterday gainst Messrs Slater
and Hill. 1t is alleged that on Dec Is,
1894, the plaintiffs filed an attachment
] ohAL against - H. A4GlulalE lOT q balance
OF $50 due on diamond ring This suit
was in Justice McDermott's court. Feb.
., 1t Is stated, Justice l.. 3. Endres dis
missed the suit without cause or notice
to the plaintiff and ordered Constable
Austin to turn the ring over to Paul l..
Seabrook. In the meantime, Justice Nc
Dermott was elected to a new office and
resigned as justice of the peace. Feb. :
Messrs. Slater and Hin instituted suit
as counsel for c. II. Leiding in Justice
Patterson's court to secure possession of
the ring. Constable j. S. Austin was ar
rested by Constable NJ. J. Garvey and
| required either to turn over the property
or give bond. Constable Austin refused to
/ give bond. 1t Is alleged that GarVey was
sworn in by the ordinary, who had no
authority to do So and that he has given
no bond for the performance of his du-
! ties. Therefore, it is claimed the arrest
was Illegal and void 1t is charged that
! the suit in Justice Patterson's court was
/ collusve and fraudulent. Pickett & Co.
seek to recover their property and ask
/ that the case be taken before the superior
court for trial and that Messrs. Slater
! and Hill and Constable Carvey be re-
strained from proceeding further in the
matter until this question is decided A
/ temporary injunction was granted, and
/ the hearing of the matter was set for
/ Feb. 49,
5. f. Dupon, through his attorneys
/ Messrs. Saussy & Saussy asked that an
! injunction be granted restraining the pros
/ ecution of several garnishment suits
against him in different courts. brought
/ on account of the failure, he states, of MS
contra ctor, l.. e. Bowen, to pay some bills.
| The prosecution of these suits in differ
ent courts, he states, will cause him a much
greater expenditure than is necessary,
and as they all involve the same principles
| he says they can be tried at the same
| time. The hearing was set for Feb. %