George Shiras, Jr.

“ Hence, if those allegations had been permitted to stand in Lloyd's answer, there was no evidence to support them, and he was not injured by the order of the court in striking them out. But it is plain that the court treated those allegations as before it, applied the evidence to them, and held that they were not sustained; so that, even if the course of the court was somewhat irregular in striking out the allegations, and in afterwards passing upon them and the evidence offered to support them, the defendants were not thereby injured. ”

“ There is nothing before us to show that there are not funds in the hands of the assignee sufficient to pay Harper's debts in full, with interest to the date of payment; and, as it does not appear that this matter was brought to the attention of the court below when framing the decree, or at any time, we do not feel disposed to disturb the decree. ”

“ This brings us to a consideration of the second ground of defense, which is the one advanced by Lloyd, the assignee. He alleges that the original indebtedness of Harper to Preston & McHenry, in payment of which they took the bonds of the railway company, arose out of gambling transactions in wheat deals at the Chicago board of trade; and he claimed, accordingly, that not only were the bonds void in their hands, but likewise the judgments obtained thereon against the railway company ”