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The Final Decree

The Final Decree image
Parent Issue
Day
22
Month
February
Year
1878
Copyright
Public Domain
OCR Text

lu tho Circuit Court ou Saturday last Judge Huutingtou made and ordered entered his final decree in the long-pending and vexatious laboratory defalcation suit. The counsel for dei'ondauts Kose, Beal, et al. did not appear aud take part in the prooeedngs. The decree was drawn by Hou W. L. Webber, of counael tor the Itegents, iu accordance vvith the decisión of the Court upou the aeveral pointa involved, aud is aa follows ; In the cause batween the Regenta of the University ot Michigau, complainants, againat Silas H. Douglas, Preston B. Rose, R. A. Beal, et al. This cause carne ou to be heard upon tho report of Charles R. Whitman, the Circuit Court Commi8sioner to whom it had been referí ed, to state the account between the defendants, Roae and Douglas, upon the evidence heretofore taken in open court ; and upon the pieadings and proofs, and was argued by counsel, aud upon consideration thereof, it is dered, adjudged and decreed, and this court, by virtue of the power and authority therein vusted, doth order, adjudge and decree as folio vvs : 1. That the eaid report of the said 0. B. Whitman, Circuit Court Coiumissioner as aforesaid, be, iu all things, couflrmed, ezcept in the particular in this decree otherwise ordered. 2. That said defendant, Douglas, is hable tor, and shall pay to the coinpfainants the sum of 30 mentioned in said rsport as having been paid to him by Pomeroy in 1867, and interest amounting to the sum of $20.20, and miike principal and interest to this date the sum of S50.20. 3. That said defendant Douglas is Hablo tor, and shall pay to the complainants the sum raeutioned in schedule A ot said report, and it benig found that the said report contains an error of $100 in footing the figures therein, said error is hereby corrected, so that the footïug of said schedule A is iixed at the sum of $1,275, and also that said Douglas is liable for, and shall pay interest on, the several items in said schedule from the close of the fiscal year in which the same were received by him and the amouat of such interest to this date is fixed at the sum of $561, making in both principal and interest a sum oí $1,836. 4. That said defendant Rose is liable for, and shall pay to the complainants the severa! sum8 mentioned in schedules B, C and D of said report, amounting in the whole to the sum oí $d,44b.ao, also thiit said Rose is hable ior, and shall pay interest on, the several items ot said schedules B, G and D, from the close of the fiscal year, in which the same were recei ved by him and the ainount of such interest to this date is fixed at the sum of $1,300.81, and making a total of principal and interest of $4,773.66 less only the sum of $6.85, for the item oi $5.80, being the last item of schedule B, and the interest thereon, which sum of $6.85 said defendant, Douglas, is liable for and shall pay to the complainants. 5, That said defendant, Douglas, is entitled to be credited the sum of $100, as mentioned in schedule F of said report, and interest thereon from the close of each fisaal year, as stated in said schedule F, which interest amounts to the sum of $70.17, and amounting, with principal, to the sum of $170.17. 6. That said defendant, Bose, is entitled to be credited the amouut mentioned respectively in schedules I and J of said report, with interest thereou to the close of the fiscal year respectively, in which the sums are named in said report, and that the amount of said interest is fixed at the sum of $18.49. makm? a total to be credited to said defendant, Rose, for said scbedule I and J, for principal and interest, ot the sum of $119.26. 7. That as to the items of $104.25 and of $66.19, aud of $26.10, mentioned in said report; and aleo as to the amount {69.62 in schedule E, and the amount of $110 in schedule ü, and the amount of $26 95 mentioned in schedule H of said report, none of suca items in thi3 clause of the decreo shall be charged to either party. 8. The amounta to be credited to the parties as stated in this decree shall be deducted from the amounts charged against them, respectively, and the balance, after such deduction, shall be paid as hereiu provided. 9. It is further ordered, adjudged and decreed, and this court, by virtua ot its power aud authority, doth order, adjudge and decree that tlie defeadant, Eice A. Beal, and the defendants Smith, Wilsou and Street, as executors in their representativo capacity to the extent of assets, are liable upon the bond mentioued aud set out in the bill and other pleadings in this cause as suieties to the complainauts for the mouey herein decreed to be paid by said defeudaut Eose, and in case the said defendaut Bose, shall tail for 60 days after demand to pay the amounts herein adjudged against Mm, and after the said 60 days the said defendants Beal, and the said defendants Stnith, Wil8on and Street, executors, to the extent of the assets in their hands which may be lawfully used for that purpose, shall pay to the complainants the said general amounts herein adjudged and decreed against said defendant Rose, or so much thereof as said defendant Rose shall make default in paying within the 60 days as aforesaid. This shall not be construed so as to include costs in this cause, which are awarded against said deiendauts, or either of them. 10. It is further ordered, adjudged and decreed that, pursuaut to the rifth clause in the stipulation heretofore made in this cause and which is set out in the decretal order made in this cause on tha 19th day of June, 1877, accounting shall be had between the eomplainants and said defendant Douglas as to all matters not included in the accounting between defeudants Rose and Douglas, such accounting to be had under the direction of the court, aud in open court, as provided in said decretal order, and that as to all such matters the parties to be at liberty to apply to the court as they may be advised. 11. The defendant8 Douglas and Rose shall pay the complainants their costs in this cause, yet to be taxed, and the question of costs as between the defeudants Rose and Douglas themselves, is raserved for further direction, and the amount of costs to be paid the complainants and each of said defendants, shall be as shall be fixed upon such further direction. 12 In case any of the partios herein adjudged to pay shall neglect or refule so to do as herein provided, upon demand legally made thereou, the complainants are at hberty to apply to the court for an execution to collect the same.

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Subjects
Old News
Michigan Argus