Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-06
rag ColRrS.

CIKcUrr CoURT. Chef Jss.tce CartLsr---r This
morning TIE jury retired 20 consult On the yrr
1lrt IL csts ~ 2osers " bu trrnrld Mr.
Phiips asked hat Al st &c hme -I oe issued for
a Material W,lness Ia ease OF Harmon & Hoo
kius We. Motif, which Ia On as.tgnm Mt for
this morning; q IS c bIneRt issued.
- eoapoRArIoS PHYSICIANS
mpysnburg walsh, sppeal "a No. 30
Brown for Aprell.e, Phillips for appslI,ur
came up for rial. fr. Wslsh vino ed fur
s25 for .,rvices rendered before Jus,lce Dos
well, and got INDICTMENT. Meyrnbufg appeals
10 court, snd 81 - up that he WAlsh) va Or
porsilon Fhys'c'an, ano bound to t,ss care OF
he ea-e AZ any Iste That ne fMeyepburg)
o. ~ 10 the boy ont of charity. ana never
employed the phy.ician a. an and that the
loctcr was ealled ey public oftcer-a police
Here was a lad about is years OF age, and,
as isr a. sppears from the testimony, wuhout
any friends, and without any mssns. IL DOES
appear, however, tina: ne was rot in the = N
pioy OF Nsyenburg, and sustained no other
relation 10 him than the relation OF common
humsniy. Ire boy was ovsP,aken With tn q
passion felo dc Sc, within the precinct. of tots
pbysic ANS doty. He was undoubtedly called
20 attend him as a public ofiosr. n. went
there ia the discharge Of his DUTY a. such OF
hcer, ara ought 10 have followed it 40. me
nature OF bis employ meDt as city ply clan
tor that waIo required him TO 90 II. 70 say
nothing o. the ordinary dictates of humanity.
Tbs plaintiff IN error stepped in, under the
laws OF Humanity, aDd rendered 10 the child
toe shelter OF his house. the CON orts of MS
nome; md ys;, notwithstanding ms fact, the
cry physician comes Ia here and eudrayors 10
enforce The pay mept Of bill for professions al
services. In my ju,smen, he might as Wei
steaI ms money ne Judgment OF the justice
below Is reversed
The case OF Brown agt Psdou uss dis
missed.
Csse OF Harmon and Hopkins vs.. Mont.
came up 4. J. ID. Fuller for plaintiff, aud
Brent and Phillips TOR defendant.
Mr.. Phi'hps presented the afidavi. OF Mr.
MONT. looking 10 continuance OF the case.
saying thai a material witness was absent
an the case eoaid not 20 oh in the absence
OF taIs witness without serious detr,mept TO bs
cause, postponed until Monday.
Doe deM-Hickman ct al VS.. Elizabeth Ed
Waros Cox and Davis and Bradley. Leave
EraDIes % amend and case paper.
Simpson ys. Lichau. judgment for plain.
th confessed. 1900.
Jury IN the case OF Rogers W.. Bu:teraeid.
brought in q verdict for plaintiff, $50 with in
teres,s from date OF snit, and costs.
Boiler vs.. King. Judgment by award on
Auditorefepoft.
Frye. wiiIet q Co. vs.. Thomas Siegert
Judgment ~ default.
Assignment for Monday-Nos. 20, 233. ZIG.
37s, 2o2, %, 81 "a, les.
EogrTY CsUsr. Justice Wylis.-Iarner vs.
Larner. Mr.. fhompson's motion to have the
ofoer IN ms case set aside came up in this
court to-day. Resisted by Mr Bradley; mo-
non overruled; an appeal taken by Mr.. Thomp-
son.
MECHANICS LIEN CASE
In the case Of George W Hopkins ana John
s. Hopkins VS.. james s. Delano, A. q Sturr-
wad ct al Merrick and Webb solicitors for
petitioner, Mr.. Riddle solicitor for the def,n
dant, M Riddle filed q dem rrer to the DILL
A. appears in this case cnat there were five
parties, each the owner Of q lot; that on those
five lots they bnilt five houses: q Question.
whether the mechanics lien for materials fur
nished which would attach to one wouId At
tach 70 all:
MIR. Riddle demurred TO the petition, and for
several reasons-that this as moi such a case as
would entitle them to relief In equity but that
their action should be at law. By act of Con-
Rress OF 1859, by virtue Of the contract with
owner or his agent. 30. That the bill is ex-
hibied jointly against the defendant and four
other persons, In distinct causes, wherein this
defepdant is not interested.
Inc Court decided that they were Joint own.
ers CT the house, and were Jointly liable. as
far as the man who furnished the materials
was concerned, although they would not be
as 10 each other. And the man who had the
lien placed on bis property was entitled 10
partition from the others. Demurrer over
ruled, and answer ordered to be put in.