The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-09
THE PROCEEDINGS DISMISSED.
,rCv ARD LIPPMAN TAKEN To
NASHVILLE LAST NIGHT.

-
rhe IIabens Corpus Petition Would
Nat HoId-Case of HOhenstein
,poinst Hohenstcin TO Come Up
qc-day-A Decree to BE Asked in
.bc Case of Champion Against
a Rccess Until Oct. 1S-JudEe Fall
1,cant TO Take Little Rest.
leonard I.ippman left the city last night
Nashville in charge of Detective Fitz-
o,trick of that city, who came here for
him last Sunday, armed with a requisitlon
fran the governor of Tennessee upon Gov.
atkinson of Georgia.
# will be remembered that he was held
m warrant, charging him with being a
tpeit,ve from justice, sworn out by De-
,,otiye Karrett on a telegram from Nash
vile saving he was wanted there to an
ever TO several indictments. Mr.. Lipp-
man employed Messrs. Saussy & Saussy,
N represent him in the matter, and ha-
hens corpus proceedings were instituted In
his behalf in the superior court.
The case came up for hearing yester-
DIV morning on the application for ha-
beas corpus which was based on the
,round that the defendant was being re-
tiped on a magistrates warrant. The
onsgaiions was amended it being claimed
that the defendants bond had never been
ssrcated. A telegram was received from
NASHVILLE however, stating that he had
failed TO appear for preliminary examina-
4 ton and that proceedings had been in
i sttuted upon his bond for failure to ap-
near 1t that time. Upon this statement
4 OF The case Messrs. Saussy & Saussy de-
d cded that ii was useless to press the
habeas corpus proceedings further, and
4 theleduon was dismissed. The state was
s represented in the matter by Mr.. David
8 C. Barrow, Jr., solicitor general pro. tenn.
The case having taken this turn there
q was nothing further in the way of Detec-
4 tive Fitzpatrick's taking charge of Mr..
n Iippran, and carrying him back to Nash
n vile,
The case Of James r. Hohenstein
q against Adam Hohenstein trustee and
others, which was to have come up in the
superior court yesterday was postponed
4 until to-day at the request of counsel.
Il The petitioner, as will be remembered, al
n leges that tile property in question, in
which he has Il one-fifth interest, has been
q mismanaced, and he desires to have n
receiver appointed to take charge of IL.
q The trustee and the other heirs to the
property deny that there has been any
8 msnanag ement and state that the prop
I'd in I'M lin
Il to few years ago that it was found nee
& essay to spend all of its proceeds upon it
. in order to KEEP it up. 1t is also stated
81 by TIE defense that the property is now
in good condition, and that the trustee is
ready to make a division of it as is shown
81 ~ a petition for that purpose which he
Il has fled with the court. The case comes
q up on the question of the receivership to-
B day The property consists entirely of
81 real estate, and registered bonds and
q stocks which the trustee could not in any
way dispose of without a proper order of
81 court.
"A The suit Of Francis J. Champion VS..
n John 0 Smith win come up in the superior
IA court az noon to-day upon the motion for
IA decree of distribution of the fund in the
~ hands Of the receiver. The property was
Bold under a mortgage held by Champion
X asdliSl oulllu III WHICH tue pTluClpdl III
deotedness was $4,000. The property was
sold a few days ago at public Outcry by
the sheriff of the city court and was
bought in by the plaintiff for $23, 5OO which
after the costs of court and other expenses
are paid will leave considerably less than
enough to pay the entire Indebtedness.
The superior court will take recess to-
day until Oct. Is, this being a somewhat
unusual course. Judge Falligant, however,
decided il was best to keep the term open
as it is expected that certain important
matters may have to be disposed of before
Inc December term On Oct. Is, however,
Iae court will be finally adjourned and
vacation Will be taken until the December
term begins.
Judge Falligant is going to take well
eatned vacation. He has been busy month
al'ef month during the spring and sum-
her with much important litigation, and
lie mas also had to attend to some matters
olI Of the usual run. He will leave the city
tomorrow by steamer for New York,
WheIe he will join Mr.. and Mrs. w. r.
I've MS son-in-law and daughter, and will
,aSe trip with them to the Adirondacks.
oIse Falllgant will be gone two or three
weeks returning in time to take up what
.er business may be necessary before the
present term Of court is finally adjourned.
several jury cases will be tried in the
Nv court today. These are misdemeanor
bond % ''e VA
IN the court of ordinary yesterday let
S .lo uismlssory were granted to Leah
S Ssss Administrative of the estate of
Aaam Strauss.
MN me eaveat filed by DR.. e. H. Nichols to
r., apphcatlon for the discharge of r. H.
a' Vlh executor of the will of Martha A.
+: nd I'd Aotta was dismissed.
.t me application of e. p. Lawson for
EtS Sts OF guardianship on the estate of
e fnissed . was vi"
1 ara compensation was allowed S. r.
ba. 49, administrator of the estate of
las' Bethea.
e,a application of G. B. Whatley for
E ebio. ol administration on the estate of
'''ilih Washington, was dismissed.
ES1iN n,.
NE NEW TIVOLI MUSIC HALL.