Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-10-03
LOCAL NEWS.
AMUsEMENTs TONIGHT.

WAsHIEGToN THEATER.-Bulwer's play OF
..CiauTe Melnotte, supported oy an eNceIlent
company.
Crowns TFEATER.-The drama of stTbe
Serf, or, Love Levels ALL" the ballet tronpe
Spectre bridegroom q .I'T--.' : :
CANTERBURY EALL--A huge bill of ballet
ourlesque. songs, dances, Ethiopian delinea-
tons, and other attractions. Matinee to-mor-
CASE OF LANDLORD AND TEsAsT-Before ].
w. Barnaclo, Esq -Chas. W. SchuerTnan VS.
Charles h LivingstOn-The plaintiff let the
premises in question to the defendant, who subj
let the same to Ferdinand q. Cate, who is and
has for some time past been in possession of
the premises. Schuerman, desiring to termi-
nate me tenancy, and 10 regain the possession
OF the premises, accordingly prepared n notice
70 lhat tuect IN due form, and caused the same
To be posted up upon the premises in accord
-ance with the recent act of Congress in such
case, Livingston being absent from the cItv
After the expiration of the tire fixed by the
notice, Schuerman made complaint on oath as
provided by the said act of Congress before
said justice, who thereupon issued a stlmmons
in accordance with said act of Congress, d.
rected 10 SAID Livingston, commanding him to
appear b. fore said justice, &c, to show cause
why judgment for the possession, &c, should
NOT De given in favor of the plaintiff. The sum-
mons was never served upon Livingston, the
being absent beyond the reach of process) but
copy OF the same was posted up on the prem
ises; AT the time fixed for the trial (the de-
ney) the justice rendered Judgment for the
plaintiff for the possession of the premises and
costs of the suit, and issued and placed in the
hands of John III. Wise, constable, a warrant
commanding him to take sufficient power of
the county and put Schuerman in possession
OF the premises; and said Wise was proceeding
to oust Cate, when the latter by his counsel
M. Thompson and X. Leech. Esds exhibited
his bill in equity for injunction against Schuer
man, Barnaclo and Wise, and thereby STAYED
the execution OF the warrant of restitution and
all further proceedings until the Supreme
Court OF the District of Columbia shall decide
that personal service OF the summons upon the
tenant TO appear before the justice for trial is
not necessary.
The act of Congress in such case provides
that such summons 80 shall be served like other
wrlts of summons" &c. Other writs of sum-
mons are required by law to be personally
served upon the defendant. The Question is
one OF considerable interest and importance to
landlords and tenants, and to the profession
and its definitiye solution by the tribunal of
last resort will be anxiOusly looked for.
II. Kaiser VS. j. Rutherford Worster Be-
fore Justice JhO. II. johnson. This action was
brought TO obtain possession of house No AL
10th street The defendant proved that his
tenancy OF the premises in controversy COM
Inenced about the LIST of August, 1855, and six
months notice previous to the LIST of August
10 terminate the tenancy at that time not hay-
ing been given, as required by the law as il
existed prior 10 the late act of Congress in re-
gard to landlord and tenant, the case was dis
missed. ;. l.. Phillips for Kaiser, NJ. Thomp-
son for WOTster.