Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-11-23
LOCAL NEWS.

and ThIrteenth streets, IN wsshin gton city.
District Of Columbia IS the tenant of Clara
Nesbit, and that said Hooker kept said house,
boar ding house, and that the said Hooker
being In arrears for rent Of the said house, %
the amount of two hundred dollars, as claimed
by the said Nesbit, she, the said Nesbtt issued
her warrant. and directed the same TO the said
defendant, Kim ball } thereby commanding him
to distrain the goods, &c, of the said Hooker, in
TO be due, &c. from the said Hooker TO the said
Nesbit; and that, being 80 authorized. he. the
said defendant, (himbAli,) did seize, in the
said mouse, one seven octave piano, No. 1853,
and held the same by virtue OF said warrant of
distress, as and for the rent claimed TO b.
due. &c, until the same was reple Wed from
him tkimaail) by the said piainuG, (Eiiis,
And II is also agreed, that the said property
was the property OF the said plaintiff,
(Eihs,J ana not the property OF the said
Hooker: but was hireo and used by her
daughter, and that she. tie soid daughter, being
Of full dce. regularly paid the rent Of the same,
and that. at the time of levyiug said Distress
wa IN her nse and possession, in the said
house, and that, at the time of ievying sad
distress, the defendant was informed that SAID
piano was the property Of the said Ellis, who
Il the owner and proprietor of music and
piano store in this city, and that there was no
other property IN or upon the said demises
premise at the time of said die tress. by Means
OF which the said rent could be made; and IL is
also agreed that VI the Court shoald be of
opinion, uptn the facts above agreed, that the
said property was legally liable for rent due
the said Nesbit from the said Hooker, a. the
IN.
that case. Judgment shall be rendered for the
defendant, tkImbaIl.D for the sum of two hun
dred dollars, rent due and owing from the said
Hooker 10 the said Nesbit, At the time of the
SAID seizure and replevin, together with in
terest from the first day of May, 1915, and the
costs OF TINS SUIT; otherw Wise, judgment for the
plsIntIf lEllls) with costs.
This case was tried in the Circuit Court, May
term, when a verdict was rendered for Ellis.
with one cent damages and costs. The plain
tai appealed TO the Court in General Term,
ana The case came YESTERDAY. when he
briefs OF counsel were iaid before the court
Tine counsel for Kimball claimed that A. a
genersl rule all things en- the premises were
liable TO seizure, whether they are the effects
OF the tenant or of a stranger. The exceptions
are founded upon principles of public policy
10 take this case out of the general rule. 10
must be shown that the business of the tenant
was such as naturally TO draw a piano 10 the
house. IL was In the house with the consent
and knowledge of Ellis. and was distrainabIe
Ellis has his remedy by suit against Hooker
The counsel for Ellis claimed that the SIM
pie question was whether the piano was ex-
eInp', and on examination il would appear that
the tendency OF all modern decisions has been
10 relax the severity OF rhe common law rule
which gave he landlord " the right to distrain
az goods on the premises"
The brief further states:-.The keeping of q
boarding house is q trade, and. in this city,
there are probably twice as many persons en-
gagged in it, as in any other trade or occupa-
non. The persons who follow this way of
living are generally widows and poor people.
aud therefore have claim upon the IA vor and
landlord 10 distrain be not restricted. then. IN
the language of Chief Justice Cranch, this
lawful trade of keeping a common boarding
house would be destroy ed. which wouId be- a
great inconvenience TO the public" TheIand
lady. Nesbit, rented this house as a BOARDING.
AohSe. IL Is. therefore, 10 be presumed that she
consented that the dodgers should bring upop
the premises whatever was necessary for their
comfort or convenience. and that therefore, as
TO those things. he waived his right to dis
train.
The presumption Of waiver of distrain is
increased by the fact that the hoase was rent
I'd furnished. The landlady could not, in this
case, have given credit 10 a visible stock on
the premises, which is supposed 10 be the
foundation OF the right Of the landlord TO dIs.
tram every thing he finds there To sustain
the right OF distress, i'm a case like the present
would enable the landlord" In the LANGUAGE
OF the books, "to practice a fraud and contri-
vance, 10 subject the goods Of innocent people
10 distress, The tenant here is in possession
OF a large amount of valuable furniture with
the consent OF, and under agreement with
the landlady, which said agreement is un-
known to the public. The boArder and the
ledger, as well as the merchant and trader. are
TINS decOyed into placing their goods upon the
premises TO become the prey of the landlord
The warrant in 1his case was a general enc
1t should have been special one, directed 10
the bailif 10 distrain the said piano.
Chief Justice Cartier an nounced the decision
OF the Court, which was unanimous, sustaining
the decision Of Judge wylie in the court be-
low, saving that the bailif had right to tou ch
other property than that Of the tenant, ana that
tbc PIOpSTtv Oh DOdIOerS or Ot0er CccuDapts
OF the house cannot be touched NJ Thomp.
son for Kimball J. r. Ennis for Eihs
JURORS FOR THE CRIMINAL CoURT.-At two
drawn by the CLERK of the District Supreme
Court, Mr.. Meigs to serve as Jurors a. the
nextio rm OF the Criminal Court, commencing
Der, lin the presense Of Messrs Douglas s's and
Callan, the Register Of Washington, and the
Clerk of the Levy COURT
Grand Jurrs.-Bepj. q. Prather, ID ward:
VIM: Acton. Georgetown; H. b. Curtis, Sd
ward, Geo W. Heating, county; Cline G. Line
weaver, 4th ward; J. Buchanan, county: Geo
r. Nattingly, 7th ward: ID. V. Burr county;
X. Shepherd, Sd ward; Geo Baker, county:
Geo. Bogus, Sd ward F. L. Fugitt, 5th ward:
SAM NJ Evans, 9Th ward; John Z: CIsary, ID
mond, Sd ward; Jas. Bradshaw, GEORGETOWN:
John p. Hilton, ID ward; William WetzeI,
GEORGETOWN; Thomas Mosher, county; Hugh
Iettn Jurors-Richard Dove, ID ward: i.
Herzberg. 4th ward; w. w. Birch, George
town; X; Polkinhorn, 7th ward; Jabez W heeier,
Alb ward; Theo. Frasher, 9th ward; Samuel
Adams, IN ward; j. T. Jenkins. County;
Chas. +. Creamer, ith ward; g. Cammack I'd
ward: John w: Mead, 5th ward; G. G. Kiop-
Osburne, Sd ward; G. w. Hancock, eth ward:
Declus Edmonston, Georgetown; z. ID. Gill
man, County; Henry NJ. knight, TN ward;
County; 4. . Sanderson, 9Th ward Minor
Gibson, I'd ward; Geo. J. johnson, LIST ward:
A. T. Pumphrey, 9Th ward: John Ardesser Cd
WARD; Chas. kloman, Sd ward
DEATH OF ADMIRAL FoRRRsT.-Admiral
French Forrest, formerly of the United States
Navy. late Of the Confederate Navy, died at a
quarter TO O'Clock p. m, on the 22d inst, after
a short but painful illness Of typhoid fever.
in the list year Of his age. Admiral Forrest
fought bravely in the war oflel2 he was in the
naval engagement under Commodore Perry: |
also fought valiantly in the Mexican war he
was appointed At that time Adiutant General
OF the land and naval forces, and the RESPONSE
BILE duty devolved upon him Of having the
forces transported into the interior Of Mexico
When Virginia seeded, he joined the fortunes
OF the Southern Confederacy, and was given
the position OF commander in. chief Of the
naval forces Of Virginia and commanded at
the Norfolk Navy Yard, and was after wards
appointed to the command Of the James River
Squadron, and then acting Assis tant Secretary
OF the Navy. kind and affecuohate husband
and father, and true and sincere friend be.
loved and respected by all who knew him.
His funeral will take place from the residence
Of his brother. Baden Forrest, No. rs LIST street
Georgetown, on Saturday, the cath instant, at
one O'Clock p m.