The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-15
TO ADJOURN AT NOON TO-DAY.
AN INJUNCTION CASE BEFORE
JUDGE FALLIGANT THIS
MORNING

o'clock last night, as was expected. Judge
Falligant was about TO adjourn for the
term, when the attorneys interested in
the famous LAWN case stated they had
some papers to present to the court which
had not been fully prepared. For this
and other reasons Judge Falligant decid-
ed to hold the term open until p o'clock
to-day, when 1t will be adjourned for the
term. Judge Falligant will leave the city
tonight for Saratoga, where he goes to
attend the annual meeting Of the Ameri-
can Bar Association.
A petition for injunction and relief was
filed by Messrs. Kenan & Hartridge for
Augusta Kaiser, temporary administra-
trix of the estate of Jacob Kaiser de-
ceased, John Kaiser and Stella Cope.
minors, who appear by their next friend,
James c. Cope against Julia Cleary. The
petition asks that a certain deed to prop
erty in the city, formerly belonging 10
Jacob Kaiser, given to Julia Cleary June
16, 1894 be decreed null and void, and that
until such decree is passed Julia Cleary
or her agents be restrained from dispos-
ing of the property or putting any incum,
brances upon 1t.
The petition states that Kaiser
lived apart from his wife about
eight years before his death,
that he was an habitual drunK-
ard and that the defendant was aware of
this fact and of his being incapacitated
to make a contract or sign such a paper.
Nevertheless, 1t is alleged, she Influenced
him to make deed to two valuable
pieces of property in her favor, through
which the plaintiffs, the legal heirs, have
been defrauded out of it. They ask that
this deed be annulled so as to clear all
clouds from their title
Judge Falligant granted a temporary re-
strainng order preventing Julia Cleary
from disposing of the property or encum-
bering IL until the further order of the
court, and directed that she show cause
before him this morning, at 10 O'clock a.
m, why the deed given should not be
annulled as prayed for.
Rosa Platts who was tried before Judge
Falligant for the murder 81 Laura Gus
pard, on July p, and found guilty OF vol
untary manslaughter with recommends
tion to the extreme mercy of the court
was sentenced yesterday to spend
five years in the penitentiary
The penalty under the law is
from one to twenty years, and ii
would appear from the sentence the court
considered there was a. certain degree OF
culpabflity on the part Of the defendant.
1t is understood Rosa is comparatively sat
the hard swearing of certain witnesses
who were against her, did not result IN
giving her any longer term.
The final decree in the case of J. W. Nc
Intire Ell. al, VS.. Crohan & Dooner was
taken In the superior court yesterday in
accordance with the verdict, an account
of which has been published in the Morning
News. The fund in the bands of the re-
ceiver for distribution amounts to 50, AIS 10
out of which the expenses of the receiv-
ership, counsel fees, costs of court, taxes
and two homesteads, one for each of the
defendants, amounting to $500 or 81, 60C
EACH must come before the preferred OF
mortgage creditors get anything. The
mortgages amount to about $40, 1864. 1t is
estimated the mortgage creditors will re-
ceive about fifty cents on the dollars.
The final decree was taken yesterday be-
fore Judge Falligant in the case of The
Merchants and Mechanics Land Company
against M. W. Dixon, surviving co-part-
ner and the Savannah Wheelmen's Track
Association, in accordance with the YER
dict of the jury which gave the mortgage
held by the Merchants and Mechanics
Land Company, to secure -four notes OF
$S20, each priority over the lien of the
defendant M w. Dixon for 81, 329. 3d. but
which made the lien in favor of NJ. w.
Dixon & Co., VS.. Geo. r. Schumacher, and
the Savannah Wheelmen's Track Associa-
ton, for the sum of Sly. 10 prior to the
mortgage in the plaintiffs favor The
decree was taken in accordance with the
verdict, and the injunction restraining the
sheriff or any other authorized officers
from selling the property of the Wheel.
The motion to arrest Judgment was over
ruled by the court, but the right is given
to reopen the case for argument should
the court see fit TO permit it.
Geo. W. Thompson filed a suit asking
the annulment of his marriage with Sarah
Gordon. In 1875 he married Sarah Gordon
in Charleston, and lived with her about
four years, when he discovered that she
had been formerly married to Thomas Cor.
don, and that that marriage had not beer
dissolved. He then left her. he states and
has not lived with her since. For these
reasons he asks the court to annul his
marriage with Sarah Gordon, which was
not legal marriage.
Rosa Ford, who was found guilty Of as.
sault with intent to murder man named
Holland with a razor, was sentenced to
pay a fine of 500 and costs or serve
twelve months on the chain-gang. She
was at first sentenced to spend three years
in the penitentiary, but the court on a
reconsideration Of the matter, made a mis-.
demeanor of it. and put her on the chain.
gang.
against Margaret Turner, a motion FOR
new trial was fled by counsel for the de.
Tense. The suit involved the title to ter
shares Of the capital stock of the Excel
sior Loan and Savings Company, left I'm.
der the will Of Kate Farrell.
A suit was filed in the superior court by
Henrietta Hubbard and Hugh NJ. IJrou.
hart against John A. Varradoe to com.
pei the payment of $500 on a contract
for the sale Of certain property, which
amount is alleged to be due the plaintiffs
In the case Of w. P. Parker against ST
]. Armand, the Florida Central and Pen.
insular Railroad Company, garnishee. the
jury rendered a verdict for S65 Is in favor
Of the plaintiff and found the fund In
question subject to punishment
In the case Of Albert Jones against L,
w. Beasley Cato Beasley, Maria Blizzard
and Moses Willis decree on rule abso.
lutte for foreclosure of a mortgage on
property to secure a note for S2O2.5O was
granted by Judge Falligant.
In the case Of Amelia Monroe against the
s., F. and w. Railway Company for the
80