The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1860-04-05
kIMMELL VS.. BARNETT ct al.-Some

hIMMELL VS.. BARNETT ct al-Some
months ago, We gave report of the trial
| and result of this interesting case. before
the Court of Common Pleas of this county.
Our readers will remember that. under
the charge OF Judge Taylor, the jury found
that the marriage between Barnett and
Miss Kimmell was fraudulent one on
his part, and that verdict was rendered
against him and his surety, for the amount
OF the bond which they had executed in
Miss kimmeE's favor. The case was sub
sequently carried to the Supreme Court
and an opinion has recently been delivered
by Judge Read, which reverses the iudg-
ment given by Judge Taylor The follow
ing is syllabus of the facts and the law,
as laid down in Judge Reads opinion:
Theodore Barnett, minor, with David
Hamilton, his uncle, entered into a bond
with warrant Of attorney to Emma Kimmell,
conditioned for the payment of $500 with
In sixty days from the 9th of June, 1858;
and at the same time, Emma executed and
delivered to them another instrument.
which, after leciting the bond, provided
that, if within sixty days Theodore propo-
sed to marry Emma, and was rejected, or
on the other hand, if his proposition was
accepted, and he married her, then the
bond was to be null and void. Theodore
and Emma were married within the time
fixed, but, since the marriage, he has re-
fused to live with her Rule was taken
to show cause why the judgment entered
on the bond should not be marked satisfied
and an issue directed to try the question
whether the condition expressed had been
complied with. Held: that as there was
no evidence of fraud, except that since
the marriage the parties had not lived to-
gether, the stipulation had been complied
with, and that the judgment entered should
have been marked satisfied.
We may state, that Judge Strong dis
sented from the judgment of the majority
of his brethren, and delivered an opinion
in which he says he regards the instruction
given by his honor, Judge Taylor, to the
jury,"as strictly legal, and their verdict
eminently just" .Stch is law
DESTRUCTIVE FIRE.-On Thursday af-
ternoon last, coOper-shop, in Chest town
ship, belonging to A A. Barker, Esq, of
this place, and superintended by the Messrs
kirkpatrick, was wholly consumed by fire
All the tools used therein, together with
800 shocks and from 10000 to $4,000
slaves, were also destroyed. There was
no insurance upon the property and the
whole loss is about 81 900, nearly all of
which falls upon Mr.. Barker. a consider
able amount Of property which would
otherwise have been destroyed, was saved
through the vigilance of those present.
The origin of the FIRE is not known
We are informed that Mr.. B. will have
the shop rebuilt in week or two, and
that branch of his extensive business will
be carried on there as usual
VI. II. CONFERENCE.-lh he }1ttSburg |
Annual Conference of the Methodist Epis- |
copal Church, which convened at Bairs-
vile lately, made the following appoint
ments for this district:
Blairsvllle District-W. Lynch, P. E. Blairs-
Vile, j. W. Shirer Indiana, S. Burt; Johns
-own, j. Williams Greensburg and Latrobe,
J. n. Pierce ; Elderton, F. ID. Fast, j. A. Pierce;
Appollo, j. l.. Wakefield Marchand, J. Neigh
!. W. Smith New Florence and Bolivar, w.
4ong; Mechanicsburg, J. d. Knox, A. Black
0urn Burrell, VI. J. Montgomery New Derry,
}. II. Wampler; Cambria, j. Shane, f. H. Baird;
hess Springs, J. F. Hill; Ligonier, W. W.
aoup Mt Pleasant and West Newton, J. J.
illyar, W. A. Stewart; Salisbury and Hope
Vell, r. Jordan.
ENIGMA.-I am composed of 80 let
ers