Maryland free press., 1867-04-11
Court Proceedings.

and Edward Letter. Submitted TO the court and
j Judgment for appelees for $40, 60, each party to
'pay his own costs: Hamilton for appelecs.
+, B. f. Cronise rs. Brooks. Fahnestock & Co
Judgment reversed by cQhscnt of'Counsel: Syes-
ter for appellant, Darby for appelces.
Robert Cuihep and Others rs. John Slifer.
Submitted to the Court and judgment reversed
Hamilton for appellants.
Joseph Ritper rs. John II. Claggett, Agent.
Submitted to the court and Judgment for appel
lee for SO posts and for appellant for 80 posts:
Small and Syester' for appellant Hamilton. for
appellee:
Samuel Leievre VS.. William E. Metcalf. Judg..
ment reversed Zeller for appellant
g Jacob Hillcr VS.. John w. Bowers, use OF
.4braham Crone. appeal fom the Judgment oi
Justice Penna. Jury trial and verdict affirming
the judgment to aggeee for S22; Wfes add Ill
Thursday, April 4th. William NJ Blackford
VS.. NJ: and 4. R: Miller: Submitted 10 the
| Court and Judgment reversed upon trial: Syes-
ter for appellant, Wiles for appellee:
George W: Foreman VS.: Elizabeth George
| There being no appearance for the appellant, his
appeal was dismissed: Ketlhofer for appellee;
David Spessard use of Gearge W: Albaugh VS.:
| Lewis Frnde and Joseph Fiery: Appeal from
the Judgment of Justice Tiee: Jury trial and
| verdict for appellee affirming Judgment below:
Samrcl Lcleyer rs' William E. Medcalf. Tri-
al and Verdict ftraeppelee affirming the judgment
below. -"
John II. Young vs. Harriet jackson. Syester
for appellee. There being no appearance for ap-
pellant TIE appeal was dismissed.
James Colbert ys. l.. A. Miller. Nerrick and
Syester for appellant dismisSedthe appeal. o.
ReT. ]. A. Adams rs. Joseph Shirley. Sub
mittcd to the Court, who after trial reversed the
Judgment without prejudice: Grove and KEEP
pier for appellant, Sycster for appellee.
Friday A pril 5th Joseph =. Chaney vs. Will
liam Rutledge. George Schley, Esq. being spe-
cial Judge. Submitted to the Court, who after
trial affirmed the Judgment
In this caseth Judge decided that any species
of Internal revenue stamps might be used indjs-
criminatclv on any kind of written instrument,
except proprietary stamps and also that the non
CANCELLATION Of stamps did notinyalidate oE Ten
der inadmisSible in evidence, the instrument TO
which they may have been affixed, but merely
rendered the party using them without cancel
lalion, liable 10 the penalty imposed by the act
of Congress-
Motter for appellant, Syester for appellee.
William 4. Peterman ps. Samuel Ray. Ap-
peal from the judgment of Justice Holly. Jury
trial and verdict for appellant reversing the judg-
nent: Syestcr and Alvey for appellant, Hamilton
for appellee.
Robert Curtis Us. S. T. Seighman and John
+. Brewer Appeal dismissed by appellant.
Darby for appellant Syester for appellee.
A. J. Weise rs. Henry d. Wolf. Submitted
and Judgment reversed: Matthews for appellant.
Samuel f. Schudel and II. II. Long rs Sol
omon Myers. Submitted to the Court and judg-
uent reversed after trial: Smith Jr. forappei-
lants, Syestcr for appellee.
Saturday April, 9th, Yesterday the appeal
docket was concluded, and this morning the frs
case taken up was on the docket of Insolvents.
In the matter of the petition of Franklin I. Hines
for his discharge under the 4Sth Ar ticlc of the
CoQe for TIE rslief of insolvent debtors; Adam
oil nbt f,f
of..the petitioner, and charging fraud &c. on his
part The petitioner Sled an affidavit for con-
tinuance on account of the absence of material
witness, and the case after arguing the motion
was continued Keedy for alligator, wiles for
petitioner.
r The trial docket was then taken up as follows:
S ate of Maryland at the instance and for the
usc of Isaac N,sbitt as. Daniel South (former
Sheriff) and others, -four cases).
These were actions instituted in 1856 by Isaac
Nesbit for fees that had been placed in the hands
of Daniel South as Sheriff. for collection more
than five yerrs previous to the time ofinstituting
the suits, which were brought against Daniel
South and the securities on his different bonds as
Sheriff. To the declarations that were fled the
statue of Limitations had been pleaded. In these
suits +. VI. Darby Esq, was special Judge,
Judge French being disqualified on account OF
his having heen originally counsel for the plain
tiff.
The plaintiffs counsel moved to strike out the
plea of limitations, and in the argument OF the
motion the following interesting point arose.
The writ issued in the case was returnable on the
tst Monday or I'd day of March 1857, and the
declaration was filed on the 4th of March. At
thetime of fling tne declaration tho rule day for
pleading {vas on the first Monday OF May ensu-
ing. On The 2nd of May this rule of Court was
altered, and the first Monday of June fixed as
the rule day for filing pleas. The plea of lifnia-
Al -, tl,np
the question was whether this plea was filed in
TIM. The point was ably argued, in favor o.
the motion TO strike out, by the plaintiffs coun-
sci A. X: Syester, Esq, and in opposition by
Messrs. Hamilton and Alvey. The Court over
ruled the. motion to strike out thesplea.
Monday April 9Th. The criminal docket was
taken up this morning dpe tie following cases
State of Maryland rs Sarah o'Rourke. Pre-
sentiment for selling liquor in quantities less
than n pint withouta license. The traverser not
being present WIS called at the door, her tond
forfeited anl 4 stet entered in the case. Darby
for Sta e.
State of Maryland rs. Benjamin Myers. Pre-
sentiment for an assault and battery on Amanda
Warner Stt entered. Darby for State.
State of Maryland Us. Josiah Myers. Four pre-
sentiments for felony. The traverser not having
been taken, stets were entered in these cases.
Darby for State.
State of Maryland Us. Frisby Mongan. Pre-
sentiment for an assault and battery on John Da-
wis., Plea not guilty. Jury trial and verdict
guilty. Judgment that lie ply fine of 81, 90 and
costs: Darby for State, Hamilton for traverser.
State of Maryland rs. Jacob Lait. Present
ment fer an ASSAULT and battery committed on
D.lniel Dechert on the day of the corporation
election last year. Submitted to the Court
Judgment guilty and that he pay fine of $l5,cO
and costs. Darby for State, Matthews for trav-
ers"r.
State of Maryland Us. Christian Eas terday.-
Presentn.snt forlan assaulknd battery on George
g. Snyder. Submitted to Court uhde,'a plea of
guilty Judgment that the travcrser pay IL fine
of s., 90 and costs. Darby fer State, Hamilton
for travcrser. ~
Isaac Newman (white( and Benjamin Jackson
and John Bevans [col6red) who are now in Jail
were seyerally ARA gned on charges, of felony,
and pleaded 'snot guilty." after which they were
remanded TO Jail.
State of Maryland rs. Jacob @. Grove. The
traverser was presented for selling watcrmeons
on Sunday, but The evidence showed that the
watermelons which were on a boat belonging to
the traverser, were sold against his will and con-
trary TO his express directions. Submitted to
the Court. Plea not guilty. Judgment not
n n,,h, rN, Ct,to g,