The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-26
THY SAY rnE corRT ERRED.
An Effort 20 Take the CuyIer and
Moodhnrn RniIrnnd Case W.

Messss. George a. Williams and Obear
q Douglass. attorneys Tor the Cuyler
and Wo1l1uru railroad a short line be-
tween Cuyler in Bryan and Woodbura
20 Bulloch county. which was order= Z
sold on July Z. on Ihe steps OF the custom
house in Savannah by Judge Aleck Boar
man. filed an assignment OF error in the
United States court yesterday and are
making arrangements to carry the case
10 tne supreme court of the United States.
or 90 the circuit court OF appeals. which
ever has jurisdiction in the matter.
I'm their assignment Of error they ask
10 be allowed to remove the case 10 the
United States supreme court, and they
rendered bond 10 the sum of 500 for any
damage that may accrue to the plaintiffs
by reason Of the delay.
They allege that the court erred in
hearing the case at Macon on May "a
without first passing an order 20 that
effect, such course being required by
a previous order. They alleged further
that the court erred I'm granting an order
TO fOreclose the mortgage on the road Oh
hearing only one side, when the aiiega-
tions made by the plaintiff. the Admission
National Bank, were denied IN the an
swers OF the defendant No notice of the
afiidayits made was given the defend
ants, they say, and the court erred also
IN holding THAI $1,000 OF the FIRST mort
gage bonds OF the property, belonged TO
the Admission National Bank when they
were deposited as collateral security for
loan or only SlJ,UlO The cause, they
say. was heard i'm Macon May "a. cOn-
Guided by il O'Clock Of that day. the
order granted, and court adjourned sine
die, though the attorneys tor
the defendant railroad We're then
on their way to Macon 10
be heard in the matter, and they say the
court was aware of this fact. Further
they say no order was ever made TO have
the case taken 10 Macon for hearing,
and Macon Is Ina the western division OF
the southern district OF Georgia, whereas
the cause should have been heard in the
eastern division at Savannah. I'm the
last place the defendant claims the de-
cree of The court was in violation of the
constitution OF the United States, which
provides that no person shall be deprived
of his property without due process of
law.
The plaintiffs. the Admission National
Bank and Robert NJ. Stiles. are repre-
scented by Messrs Barrow q Osborne and
w. *. Miller. The Cuyler and WOOdburu
Railroad Company owns and operates a
road twelve ines IN length, from Cuyler,
in Bryan county. 10 WOODBURY. in Buloch
county. The amount OF the outs standing
bonds is $4,000. under which Frances r.
Jones and Charles u. Baldwin are trus-
tees. OF these bonds, 10000 par value
were placed with the Admission National
Bank Of Admission Ala, to secure notes
aggregating 5,4SL23. upon which the in
terest amounts TO Sl,3ll.32. The road has
lefaulted I'm the payment OF interest, both
on its bonds and on these notes. II. NJ.
stiles the other complainant, holds 1900
of the first mortgage bonds.
The decree directed the payment of prin
clpal and interest to both complainants
IN an % In lac
sold as indicated on the first Tusday in
July John d. HarreI Esq, and Fred T.
LOckhart, Esq, were appointed special
masters to conduct the sale.
This new proceeding in the case, how
ever, Will probably stop the sale until
the questions At issue can be determined