Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1843-05-24
Proceedings Of Court.


| Court commenced in This place on Tuesday
the 9th, and continued The whole of The week
Judge Keller was no, on The Bench on Tues
| day owing 10 indisposition, and the day was
taken up with the miscellaneous business, ar
gunlents, &c.
| On Wednesday morning his Honor Judge
Keller took his seat, the Grand Jury were
sworn and the newly elected Cons,abIes, Tor
rather those of them who were able TO give
bal,) were qualified The frs, case tried was
the case of lIollenback and others, VS.. Stephen
and Isaac Gould. This was suit brought by
the Plaintiffs, agains, the Messrs Goulds, for
!respassing on the lands Of the plaintiffs in
Tobyhanna township, and cutting timber there
on. The lands of Plaintiffs and Defendants
adjoined, aud the Jury not being satisfied that
The cutting was on the lands Of the former,
rendered a verdict in favor of Defendants. II.
B. Wrigh; and Morris for Plainiiffs-Hepburn
for Defendants.
christopher d. Keller VS.. Joseph Kort9. This
was the next case tried. 1t appeared in The
course Of the trial, that some Two or three
years ago, The Defendant obtained Judgment
against The Plaintiff before Esquire Heaney,
upon which an execution was issued, to which
the Plaintiff, took cerliorari. During the
pendency Of the certiorari, the Plaintiff and
Defendant agreed TO open The Judgmen, and
submit all matters in variance TO referees-a
day was fixed upon which they were to go be-
fore the Justice 10 choose the men. The De-
fendan failed TO comply. The proceedings Of
The Justice were affirmed on certiorari, and the
amoun: OF the Judgment collected from the
Plaintiff. For The breach of the contract on
the part of The Defendant in not opening The
Judgment, and submitting The matter 10 referees,
this suit was instituted The Plaintiff proved
the agreement and then offered TO go into the
merits of the original judgment, TO show The
amount of damages he had sustained. The
Court refused 10 permit the original Judgment
10 be argued into, and the Jury returned yer-
dict in favor Of the Defendant. Reeder for
Plainlih---Davs and Dimmick for Defendant
The next case was that of GreeaSweig VS..
Hark and Others. This case occupied the al
tention of the Courts Jury nearly two days.
The Plaintiff and Defendants in 1899, entered
into an agreement by which the Plaintiff agreed
TO make The Defendants Deed for the farm
on which he then lived in consideration
whereof the defendants were TO pay the sum Of
nine hundred dollars, and TO give him The one
third of The produce Of The land together with
the privilege of the house, &c. during his life.
The Defendants took possession of the farm,
and The Plaintiff, old Mr. Greensweig, lived
with them. 1t appears that they did not agree
very well together, and the old man left and
then brought Ejeclmenl 10 recover possession
of the premises. The Plaintiff alleged that
the agreement was an unconsconable one and
such in equity he should be relieved from.
great deal of testimony was produced 10
show that the Defendants had not complied
with the terms OF the agreement on their part;
that they had moi given the old man the one
third OF The produce, and that they had used
him badly. The Court charged the Jury thai
The making of the deed by the Plaintiff was
condition precedent to the performance Of the
covenants on the part Of The Defendants thai
from the contract itself and evidence they could
discern nothing unconscionabls in il, or any
Thing that would go to justify them in relieving
the old man from il. The Jury returned ver-
dict in favor of the Plaintiff. which was in
sianly sci aside by The Cnur and new trial
granted. DiDlnck & ihrie for plaintiff
Brown q Reeder for Defendants.
Cornelius SerfaSs, in right Of has rife, vs..
Dac0h Fisher. Appeal from the judgment Of
a Justice of the Peace. After examining two
or three Witnesses The Plaintiff took non suit.
Dmmick q Reeder for PIainff--1hrie &
Hepburn for Defendant
Commonwealth VS.. Frederick Knecht 81 TAoD,.
as hnecM Indictment for cutting lumber lrees
on the lands Of John Hare Powell. Verde,
OF not guilty as to Frederick and gully as 10
Thomas, Hepburn d Reeder for the Com.
ealih-.- isr0dhead d Davis for Defend,
nuts.
Sane vs. Asdrew Singer, This was an in