The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-21
GRANTED A NON-sUIr.
The O'SuIIfvan Damage suit sud-
denly Ended in tue Superior Court


denly Ended in tue Superior Court
At noon yesterday. after arguments
were heard In the forenoon in the case Of
John Edward O'sullivan. a minor. against
the Savannah. Florida and Western rail-
way. for 81. 900 damages. on a motion Of the
defendants for non-suit. the judge grant
ed the motion. and the trial was ended sud-
denly. rather to the surprise Of the jury
and perhaps OF the counsel.
The case was begun Saturday and was
on all Of Monday during which testimony
and arguments of counsel were heard.
Monday night after the plaintiff had closed
the defendants counsel. W. S. Chisholm,
Esq, moved to non-suIt and gave their
reasons, as outlined in yesterdays Morn
ing News.
The arguments were heard on this mo-
ton all the forenoon and the judge grant
ed the following order in the case:
1t is considered and ordered that the
motion for a non-suit in the above case
be granted on the ground that the plain
tiff has failed to esrab lish, % the agency
of the wrong-doer, and C2) that the ejec-
ton of defendant from said train was done
within the scope of any agency of the al
legged vrong-doer delegated from the de-
fendant."
1t is understood that the plaintiff will
carry up the case. They have six months
to re-establish the case however, in the
lower court if desired. Maj. p. w. Mel
drim and T. S. Morgan, Jr., conducted the
case for the boy.
In the afternoon in the city court, all
the time was taken up in the case Of A.
+. Flint VS.. Z. A. Cowan & Co., an at
tachment case which has several compli-
ad faa 4 ha fc al
legged that Mr.. Flint owed Cowan Co,
certain account. He had a stock of jew
elry that was worn and furnished and he
claims that he made an agreement TO
ship this to Cowan s. Co.. they to reburn-
ish It, re-tag It, REGARD and fix 1t up like
new. He sent on, so he claims, s., 100 worth
of this stock He now claims that Cowan
& Co. refused to return this stock and he
has sued them for the Si,100 and damages.
Cowan q Co. claim that the stock only
invotced $S79 when received and that 1t was
IN poor condition. They found likewise
that Ludden & Bates held a mortgage Of
$500 on 1t and some other fixtures of Mr..
FAnt's and they paid this. Mr.. Flint, so
they allege owed them also $780, this sum
and the amount paid Ludden & Bates. as
well as expenses paid out in fixing up the
Jewelry stock make up the amount to what
the Jewelry sent back invoiced. They fur
Their claim that Mr.. Flint made conflict
ing statements to them as to his debts,
etc, and that is the reason why they re-
fused to return the goods. AS Cowan &
Co. were foreign company, an attach
ment against some Of their goods or &C
counts was taken out TO bring them into
this court
The contention, however, was not upon
the equities Of the case, but upon some
confusing points in attachment cases that
the new Neal act is responsible for.
The point under discussion was whether
or not, under the pleading of the Neal act
certain papers filed in the cause had been
filed in time. The declaration of the plain
tiff was filed June a. 1895. the last day of
the May term of the city court. On July
20 motion was filed by the plaintiff for
judgment by default. as when the paper
was filed, at that time Of the day, no an
swer to the declaration had been filed by
the defendants. Later on, on the same day
the defendants filed their answer.
The point on the contention and the one
for the judge to decide is, was the answer
filed in time, in this attachment suit, in
accordance with the Neal act.
AS one prominent member of the bar
said last night. This Neal act is respon-
sible for many errors. hardly know my
self what are the right proceedings under
this act. The whole Georgia code is in
confusion just because of this change 1t
is very confusing and annoying" The
case will be continued to-day.