The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-08
LEGAL INTEILIGENCE.
OPINIONS.


SUI RENE CoURT-Chiet Justice Woodward and
Justices Thompson, Read aud Agnew.-rhe
following opinions we're read his mornIng:-
The Second and Third Streets Passenger Rail
way Company VS.. The City OF Philadelphia
Certificate ftoml the Court OF Nisi Prius Opt
mon by Thompson, J.-Judgment reversed, and
judgment entered Tor the plaintiff for $780, and
costs, with interest from the time suit was
brought.
The Court hold that the rate of dividend,
which was the foundation Tor the city tax, was
to be estimated on The amount OF capital actu-
ally pad in, and not on the nominal capital,
nor upon the cost of the road and equipment.
The tax is to be assessed on the excess
OF the dividends over six per cent. 1t
would be quite easy for a company with
large nominal capital to avoid ever exceeding
6 per cent dividends on it, while it might be
double that sum on the actual capital paid up.n
On the question ot interest on tae sum unpaid,
evidence that the detention was other
than mistake of both parties--no
wilul Misrepresentation or fraud on the part of
the Company to procure the officers OF the city
TO receipt TOR less sum than the law entitled
the city to receive, we think in accordance with
the principles OF the cases cited, our learned
brother should have determined the reserved
question about the interest pror to suit being
brought agalnstathe clty.n
Woolston's appeal From the Common Pleas
OF Bucks county. Opinion by Thompsol, j.
Decree affirmed at cost of appellant
Eluck d Delp, Administrators of Charles
Mace, deceased, VS.. Samuel NJ. Hager tor use OF
Charles Schouley. Error to Common Pleas OF
Bucks county, OpinioniG byI Thompson, j.
Judgment reversed, and Judgment entered in
favor OF the defendant IN the case stated.
Strong, D., dlssents. Woodward, g. D., was
absent
william Hayes Estate. McCormicks Appeal.
Appeal from the Orphans Court of Northum-
berand county. Opinion by Agnew, j. Decree
reversed, and record RENTED, with directions to
proceed to make distribution according to the
opinion filed.
Common Pleas of Northumberland county.
Judgment affirmed.
The Philadelphia List was then taken up and
the following cases areued:--
City of Philadelphia vs. Weller. Argued by f.
c. Brewster for plaintiff in error. The Court de
clned to hear the other side.
Kisterbock's Appeal. Certiorari to Common
Pleas. Arguedby James Lynd and r. McMur-
SUPREME COURT AT NIsI PRIUs-JustIce Strong.
| John Sickles and Mary Slckles his wife vs..
| William Kelley. This was an action to recover
damages for slanderous words alleged to nave
| been spoken by the defendant about Mrs.
| Sickles.
| On the trial of the case this morning the
defendant fully, and to the satisfaction of the
! plaintiffs, retracted the words he had spoken,
! saying that they had been uttered while he was
! in a state of intoXicaton, and not kno wing what
! he was saying. With this statement being made
the plaintiffs agreed to withdrawal of juror.
Justice Strong directed that a Judgment be
| entered against the defendant for costs.
Francis Logue VS.. Henry G. Hart. This was
an action to recover damages for injuries alleged
! to have been sustained by plaintiff, by reason of
| The flowing into plaintiffs cellar of the filthy
| water from the yard of defendants property.
| The defense set up was that the water that is
| alleged to have caused these injuries does not
flow from the defendants yard, but from the
yard of plaintiffs house. On trial. John o Byrne
and E. H. McCabe for PLAINTIFF e. Shippen for
| defendant.
Court OF QUARTER SESSIONS Judge Ludlow
fOo OH -
| blanket.
John Burns pleaded guilty to charge of at
| tempted burglary at the pawnbroKer's office OF
| Fredenburg, Seventh and Callowhill streets, a
| short time ago, and was sentenced to four years
| III the Eastern PenItentiary.
| Joseph Kits was charged with robbery, COM
mitted on the person of Herman Girt, at Ninth
| and Poplar streets, three or four weeks ago. and
! amount of $92. Girt testified that the defendant
| ard another attacked him, forced him into the
| Hand in Hand Engine House, beat, and robbed
| him Of his watch, and $40 in money. In the
| engine house there were altogether five men,
who the prosecutor SAID all Joined in beating
| him.
Charles Rodebach, one of the men who Joined
| in the attack upon Girt, and who the latter tes-
| titled took the watch, was here also put upon
| trial with Kits. Rodebach denied all partic
| patton in the fight, or in the alleged robbery,
| but stated that the only part he took was TO
order the prosecutor and Kits, who we're not
| membersi of the fire company out of the
engine house. The jury convicted both
| defendants. f.
Rodebach was sentenced to four years in the
| Eastern Penitentiary, and Kits to five years in
| the Eastern Penitentiary.
| Joseph Smith (colored) was convicted OF ste al
h ing pair OF pants and vest, the property OF Mr..
\ Floyd who keeps clothing store. The clothing
/ was found in Smiths possession when arrested.
Henry Gross was charged with the larceny OF
| pair of blankets and other articles, the pro.
| perty of Dorothy Burkhart. Defendant boarded
| with the prosecutor, and availed himself OF the
| facilities offered to pilter. The evidence was
| not complete and the jury acquitted.
William Johnson pleaded guilty to charge of
| larceny.
Andrew Moore pleaded guilty to the larceny
| of a coat, the property of John owles.
George Philips pleaded guilty to the larceny
of clothing the property OF j. s. Mason.
Both parties boarded at the Rising Sun Hotel,
where Philips stole the clothing, which he sold
| at a secondhand clothing store.
John Moore was charged with stealing
watch, the property of Charles Thomas He
| stole the watch and sold II where 1t was reco
vered. Verdict guilty.
4 Marearet McGinnis was convicted of stealing
the shawl from the Station House, Fourth and
Cherry streets.
Mary Kitchen was charged with the larceny
Z of a number of pairs OF pants the prODertV of