Omaha daily bee., 1899-12-07
COUNTY HAS JURISDICTION
Ruling by Judge Green in Suit Against E,
W, Nash of Omaha.
DECIDED VICTORY FOR THE PLAINTIFF
Suit IL One of Many Resulting from
John w. PnuIs Renl Estnte
Trnnsnctions-Dctai of
the Cnsc.
DECIDED VICTORY FOR THE PLAINTIFF

John w. Pnurs Renl Estnte
Trnnsnctions-DctniI of
the Case.
In the district court yesterday Judgt
| Green ruled that the district court of Potta
wattame county had jurisdiction in the sui
| brought by the Interstate Commercial com
| pany OF Chicago against E. w. Nash o
! Omaha to hold him liable for judgment
secured in 1896 by A. G.. Schroeder agans
I the Union Land and Improvement company
| The suit is one of many arising out of Johr
! w. Paul's real estate transactions in Coun-
Gil Bluffs and Judge Green's ruling is re-
! garded as a decided victory for the plaintiff
| The Union Land and Improvement COM
pany was organized in this city in Jan
uary, 1891 the incorporators being e. w
Nash, J. w. Paul, W. S. Paul, E. l.. Magnus
| and G. J. Paul Articles of incorporation
| under the laws of the state of Iowa were
| filed in February, 1891 The capital stock
was placed at s500,000 OF which $3SO,OOO
was issued. 1t Is alleged that Nash sub
scribed for and was issued S1,O0O,O0O worth
of stock but that he only paid in 100000
and the plaintiff now claims that the cor
poration, being insolvent and bankrupt,
Nash is liable for the amount of his unpaid
subscription to the stock.
The judgment obtained by Schroeder in
1895 in the district court of Pottawattamie
county against the Union Land and I'm
provement company and John w. Paul, the
moving spirit of the company, amounted to
$1S,913. This judgment. it is alleged, was
later assigned to the Interstate Commercial
company of Chicago, which now figures as
plaintiff in the present action.
In the suit at bar the court is asked to
order that all of Nashs property in this
city and state be made liable for the judg
ment. An attachment for S1,666.66 is also
asked for.
Secures Service in Omahn.
The plaintiff was unable to secure service
on Nash on this side OF the river, but service
was obtained on him in Omaha. This, Nash
claimed, was defective and Attorney Crofoot
of Omaha and Finley Burke of this city ap-
peared before Judge Green as friends OF
the court" and not as counsel for Nash
and argued that the court here had no
jurisdiction in the case. They contended
that as Nash was not a resident of Iowa
and service was not had on him in this
state he was outside the jurisdiction Of
the Pottawattamie county district court.
Il
diction, so far as Nashs property in this
state was concerned, could be had on any
kind of service; Judge Green overruled
the contention Of the friends OF the court
and held that he had jurisdiction.
On this ruling the plaintiff asked for
judgment against Nash by default. which
was refused by the court. Attorneys Gro
foot and Burke then entered an appearance
fpr n W hinb tn
file their answer and plead.
The plaintiff bases his suit on the section
of the law which provides that a stockholder
of an insolvent corporation is liable for the
amount OF his unpaid stock subscription
where judgment has been secured against
such insolvent corporation. Another similar
suit is pending in the district court here
against Nash, and it is said that If the
Interstate Commercial company wins this
case that several others will be commenced,
as there are a large number Of judgments
unsatisfied against Paul and the
Union Land and Improvement company.
Other Cases.
The trial of the suit of Michael j. Hig-
gins against Farrell & Co. of Omaha, in
which the plaintiff sought to recover $149.12
for working overtime, was completed in the
district court yesterday and given to the
jury shortly after o'clock. Judge Green
instructed the jury to return a sealed YER !
dict, which the court will open this morn |
ing. Higgins testified that he was employed |
by the defendant company at a salary of $40 |
per week, the agreement being that he |
should work ten hours a day. He said that |
during the months OF September, October, |
November and December OF last year he was !
required to work all day on eight different |
Sundays. He worked all night on three !
nights, three hours each night on thirty |
.hree nights and four hours each on seven !
nights, making in all 227 hours which he
claimed to have worked over time. The |
value of this overtime he estimated at
IS 2-3 cents per hour. In answer to coun-
sells query, he stated that during this over
ime he had been employed manufacturine
maple syrup
Five witnesses were introduced to prove
hat Higgins worked the overtime as claimed |
and this was denied by the defense. For
he defense it was oontended that the com
1any paid the heads of all departments
stated weekly or monthly salary, which was
o cover all services they might render.
Attention, owners of telephones. Please
ut this out and paste in your dire
'Bourcus Music House, 1885," and oblige
,our truly, Mar. Bouricius, 1886 Broa 1way,
where the organ stands upon the building.
Fine Missouri wood for sale by Gilbert
Brothers.
Lodges Elect Officers.
The following lodges have elected officers
or the ensuing year:
COncordia lodge No 30 knights NJ