Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-18
THE r..

CIRouIr UoURr. Chief Jsstse> Cartter.-lury
called. First case on tbs calendar for tuNi,
pain ss sna or Ssassx
Mr. Riddle desired TO call the courts attention
to the CAGE Of s. =. Bowen OF al, Trustees Of
Cotored Schools. W. Corporation OF Washing.
matter Of course, ON the report OF the auditor,
and asked that the judgment be vacated, SO
that he could make q motion in the case; mo-
ton nled: Case Of Seldner We. Wilson. on re-
quest OF Mr.. Bradley, postponed until to-m NOR.
row. The next case assigned for to-day was
the Seldner and " eis man Landlord aud ten.
anti case. Bradley and Davis: Jury sworn.
This is an action for rent accruing in 1851, and
for two French plate glasses at S65 each. Seld.
ner rented the store on Pennsylvania avenue
ard q street from John II. Semmes; Ssidner
sub-let TO Weigman his unexpired lease, with
nine months TO run; Weigman LETT, owing
one month's rent while he was tenant
OF Seldner, he, claims also pay for two glasses
(french plate) broken, and for which he
glass. 1t seems that about month before the
expiration Of Weigman's tenancy be sold out to
MS partner. Mr.. Munder. but this latter indi-
vidual was never accepted a. tenant Never
held Mr.. Weigman responsible, and he was 70.
sponsible up to April LIST, 1865. Then com.
menced new tenancy. Defendant say can't
oind man BY verbal contract for lease OF real
estate for this length Of time, and Set up stat.
ufes OF frauds as good defence, and that no
loss proved and conseq usntiy cannot recover
W0eTe no loss.
Justice Cartier. question is reduced to
the question Of the occupancy Of one month,
from April to May. II this was a contract on
part OF Welgman to answer for the debt and
consequently void. The presumption OF law
10 that when term Of lease expires the right in
the term expires with it, and the relations are
commenced de novo, and not protracted into
new one. The undertaking OF Weigman was
within the statue of frauds, and the law holds
that the plaintiff ID not entitled to recover so
Tar a. the rent Is concerned. As TO the win
dows. the one that was broken while the ten.
apcy was going on, there is no doubt that he
Is liable and under obligation TO restore.
Under general lease a tenant is bound to
restore property A. he found 1t, ordinary wear
and tear excepted; and as to the one broken by
the wind, il you find from the testimony that
is the landlords loss.
In case 2s5, Stuart Peterson L Co VS.. Daniel
plaintiff.
jury returned in case Seldner VS.. Weigh
man, found for plaintiff $42. Mr.. Bradley
Case 1872, Haylett Il Co. VS.. Duffey; judgment
for plainfiff.
325, McCarty VS.. Hanley; iudg nent for plain.
tiff.
n, John H. McBlair VS.. Wilson g. Wise-W.
s. Cox and Phillips; referred TO Kennedy.
3S Northern Central Railroad VS.. Williams.
MT. j. q. Smith asks and obtains leave to file
additional plea on paying costs.
ker files motion for permission to file replica
ton.
Case of Simpson and Eaton vs. Snow, was
then taken up. T. J. Fuller for plaintiff; As
ford for d. fenda This is an action of as.
sumpsit for money had and received to recover
S1,132 30. with interest.
CIRCUIT Court, chef Justice Cortter-As-
81 ms n for 10 morrow, Tuesday, Nov. 10Th,
NOS lue, 100, 25e, 1876, $50, BAG on the trial
docket.
EQUITY COURT, JaStice WyIie-The folio W.
ing ofCers and DEGREES were passed :-Lans-
burg VS.. Lincoln National Non ument Associa-
u n; demurrer overruled. John Douglass
VS. Henry Douglass. ct al referred to special
anCl o., ~. Ashford. Raglan vs.. Ragan, ct al:
overriding motion for iDIunction. McBlaIr
ct al VS.. Gaos'y ct al; final ratification OF sale
o. lots 81, 80, "a, and 30, in subdi vision of
square 167. Gettings ct al. VS.. Gross ct al /:
appointing trustee 10 sell. Adams and Colt.
man VS.. q. T. Smith ct al, substituting Chas
Bradley: trustee, instead of Jas. Adams
Patrick Brosnahan ct al. VS.. John Clancy ct
al Ellis for complainants. Swan and John
son Tor defendants. Motion for Injunction
oyerruled. Court adjourned