The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-07-25
THE STREET PAVING CASES.
A REPORT THAT THE CITY MAY
NOT ENFORCE THE FULL As
sEssMENTS.

The Cases to Go on the Docket for
the December Term-Judge Falli-
rant Refuses a New Trial in the
Brnnch-COOper suit-The Month OF
August set Aside for the Trial of
Criminal Cases-LOud's Case As
signed for Aug. 10.
The executions and levies upon the
Jefferson street property for the assess
ments against the property owners for
paving were filed in the superior court
yesterday. together with the af1davits
Of fnegality by which the sale of the
property was stopped.
OF the sixty-six property owners on
the street. against whom assessments
were made, sixty-three of them signed
the affdavits of illegality. while the other
three paid the amount under protest, and
it will be repaid TO them IN case the prop
erty owners win the case. One of the
suits will be tried as test case in all
probability at the December term of the
superior court and a final decision in one
will no doubt settle the matter for ALL
The case win come up on the affidavit of
illegally before a jury.
II has been intimated that majority
of the present council is disposed not
to enforce the payment of the paving as
sessments as levied, but TO insist on the
payment of only a sman portion of the
pro rata amount asked from each Of the
property owners. Whether any such ac-
ton will be taken. however, or the case
go to trial, remains to be seen. The Lib
erty street paving cases are still on the
docket and were to have come up at
the present term. but the probability now
is that they will go over with the others
until December.
Judge FaIligant refused a new trial yes
terday in the case of the estate of S. w.
Branch against W. G. Cooper The case
is one in which the defendant was sued
on account Of q mistake made in the books
of Branch & Cooper at the time the firm
dissolved partnership. Through some err
ror on the part of the bOokkeeper about
$4,000 in stocks and bonds was omitted
from the statement of the assets. When
they were discovered Mr.. Branch claimed
a half interest in them, he having bought
out Mr. Cooper's interest in the firm. The
suit Is now being carried on by his exec
utur. A verdict was first rendered in ia
vor Of the plaintiff, and new trial was
secured. The case was tried a second time,
and again a new trial was obtained. The
last verdict was in the plaintiffs favor,
but the lower court has refused a new trial
and It Is likely that the supreme court Will
again be appealed to.
George NJ. Willett and D. ]. Maggie, as
trustees, were granted an order allowing
them to deposit ten shares of Central rail-
ROAD stock under the new plan Of reor-
ganization.
In the case of the Southern Supply
Company against the Florida Northern
railroad, w. W. Mackall, Esq, was ap-
pointed auditor to investigate matters of
account and pass upon all questions of
law and fact
Mr.. d. c. Barrow. Jr., was appointed
commercial notary public.
Judge Falligant has notified Solicitor
General Fraser to arrange TO assign all
criminal cases now to be tried, for trials
during the month of August. 1t seems
that large amount of criminal business
has accumulated recently, and that month
Will be used for disposing of it as far as
/ possible.
The case against Charles D. Loud,
/ charged with the murder of Phil Fitz-
4 patrick has been assigned for trial Aug.
/ 10. John J. Somers, the principal witness
for the state, has not yet been heard from,
/ however.
This course practically dlspenses with
! civil business during August. There are
! about twenty-five superior court crimi-
nails now in the jail. Some of them have
not yet been indicted, and the grand
/ jury will meet Friday afternoon for the
purpose of taking under consideration
! those cases which have not yet been be-
/ fore it.