The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-30
WORKING FOR \ NoN-suIr.
Defendants Making a Hard Fight in
the Liberty street Paving Gases.

the Liberty street Paving Gases.
The Liberty street paving cases came uT
for a hearing before Judge Failgant yes
terday. Mr.. s. p. Adams representing the
city and Messrs. Saussy q Saussy and
II. r. Richards the defendants.
The city introduced the original ordi-
nance and the amended ordinance with re-
gard 10 the paving assessments. and pa
pers showing the cost under the original
assessment and the cost at the increase
rate. and put up several witnesses 90
identify certain papers. The city then
closed its case and the defendants. who
Happened 10 he FOR the purposes Of the liti-
cation. Messrs. .. G.. Bacon and ID. g..
Purse through their attorneys. then pu-
in a motion for a non-suit
The motion for the non-suit was made
on the ground that the supreme court
decided that the original ordinance was
void. and that therefore no subsequent
ordinance could be passed after the con-
struction Of the pavement which would
validate a void ordinance. This II was
held would be a retroactive measure, and
therefore Unconstitutional.
In support OF their claims the defend
ants counsel cited authorities from the
supreme court of Georgia, and the case
mentioned particularly was that from At
lanta. where the city attempted to lay a
sewer at the expense OF property owners
and had failed TO follow the law i'm the
matter of passing their ordinance After
nndlng their mistake the city authorities
or Atlanta went TO the legislature for a
special act to validate their ordinance
The supreme court ruled that the legisla-
ture mad no power under the state con-
stituuon to pass such an act
Another point that will be made fs fha Z
those who complained and went to the
courts have been assessed higher than
those who paid the executions in the first
instance without fight These latter
have never been assessed for the difference
which they would owe between the lower
ana the higher assessment. The argu-
ments on the non-suit will probably he
concluded to-day.
In the suit for Injunction Of Tboroas
Brady and others against A. A. Aveilhe
ana others with regard to the assets of
the Mutual Cooperative Association, an
amendment to the original petition was
filed, making r. c. Blatten. II ID Ever
EFT, ]. II. Ettinger, George Fitzgerald
James a. Jones, Joseph Leonard John
Stedwell' parties plaintiff to the original
peutlon They stated that they were
stockholders in the association and that
5hey ADOPTED al OF the allegations in
The original petition.
Mr. Gilbert W. NJ Williams was adj
mitted'to the bar of Georgia by Judge
Falligant yesterday. Mr. Williams was
from south Carolina, where he was already
practitioner in the state and supreme
courts OF that state. He was examined
by committee composed of Messrs T.
~. cunningham, Jr., Walter c. Charlton
w. w, Fraser and Pope Barrow who re
ported that he was duly qualified and
recommended that he be admitted Judge
faIllgant signed the order at once.
In the case of r. G. Feeley, executor
and Mary Feeley, eXecutrix Of the will
OF john Feeley, against d. r. Altick's
sons, an order was taken quashng the old
ment had been entered up, directing that
the judgment be entered and new exc
cution issued. The judgment was for $500
and interest for rent
Four mortgages on the clothing and dry
goods stock of s. X. Levin near Brought
the superior court yesterday. They are
as follows: /. Epstein & Bro, $3.50 and in
Terest; National Bank Of Savannah 81. 300
and interest; Meinhard Bros & Co 1915
and interest, and George Schwarz, 81 800
and interest. These mortgages We're dated
NOV. 2 The original parties named above
transferred them all to H. X. Levin the
brother OF the mortgagor, and he filed
them Yesterday and had executions is
sued. The executions are now in the hands
OF Hymann X. levin, who holds them
against the property.
The petit Jurors Of the superior court
other than those empanelled I'm the case
under consideration have been discharged
until tomorrow morning.
In the court of ordinary yesterday
charles $. Byck filed an application for
letters dismissorv as administrator of the
estate of Eliza RVck