The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-18
COSTS WILL BE DIVIDED.
FIRE COMMISSIONS FIGHT WITH
COUNCIL FINALLY DISPOSED of.

Commissioners VIII Pay the Costs of
the Litigation Except the Appeal
to the supreme COurt-The Case
Dismissed by Judge FaIIigant Up
on Filing the Supreme Courts De-
cisiOn-The Fight One Which At
tracted Widespread Attention.
The last vestige of the long drawn-out
| fight between the former fire commits
sioners and the City Council was dismiss
ed from the Superior Court yesterday. The
case was appealed from the Superior Court
to the Supreme Court, and after having
been decided in the city's favor, 1t was
remanded.
For long time the fight and the ltiga-
ton in the courts absorbed much atten-
ton. The trouble is pretty well remem-
| bered yet by most everybody, and COM
menced with the appointment of a COM
mittec by Council to prefer charges
against Fire Commissioners Grayson and
Nell, to the effect that they were i'm
properly discharging their duties. and were
acting too independent of Council. When
! the allegations were prepared, a copy was
| served on the commissioners, who were
cited to appear and make defense. They
did not consider they were legally bound
| to appear however. and it was this con-
tention that took the matter into the
courts.
Mr.. A. A. Lawrence, attorney for the
commissioners, filed a writ of prohibition
on the afternoon before the night the trial
was TO come off, alleging Council had no
| right to try the commissioners, as they
were body coordinate in power with
Council. Judge Sweat granted the writ,
which acted as a supersedeas, and at the
! hearing before Judge Falligant, the writ
was sustained. To this ruling the city de-
INJURED, and later appealed the case on a
writ of error to the Supreme Court, where
1t was decided in favor of the city.
Before the commissioners were tried
however, they resigned. The case is now
finally disposed of by an order that the
remittur of the Supreme Court be filed
and made the judgment of the Superior
Court. The commissioners are to nav the
costs, with The exception of those of the
writ of error, which viii be paid by the
| city.
| A motion for a new trial was filed YES
| terday in the Superior Court in the case
of J. Randolph Anderson, trustee, against
Anna Monsees. The plaintiff received a
| verdict for $lS29.09. The usual grounds
| for new trial were given, and Judge
| Falligant ordered that the plaintiff file
a brief of the testimony by Sept l, and
that argument on the motion be heard
Nov. l.
Joseph S. Walker, receiver in the case
of the National Bank of Savannah against
the Electric Supply and Construction
| Company, filed statement in the Superior
| Court yesterday of collections and dis
| bursements made since a former state
| ment 1t shows that 81, 4.33 has been col
| lected, and that $2.415.56 has been paid
| out as expenses.
In the case of the Mayor and aldermen
| against D. c. Bacon, which was appealed
| to the Supreme Court, where the motion
| overruling a new trial was sustained, it
| was ordered that Judgment be accordingly
| rendered in the Superior Court.
In the Superior Court Messrs. John Hen
derson, E. w. Stroller and William J. Mis-
cally qualified as commercial notaries.
| Letters dismissory We're granted Clara
Ellis, in the Court of Ordinary, yesterday
on the estate of Charles Ellis An order
was also granted allowing the appraise-
ment of the estate of Amelia w. Meyer to
| be recorded