The national Republican., 1867-07-25
Aatipnal @spabllhIaflallll.. !
THE COURrs.


Tn. Court opened It's ssssion, Tuesday morn.
ins, ct 10 O'Clock, and trsnsactsd the following
go. WIN. aunton Of n. 70. Mock. An appli'
cation made In this ease 10 sst aside an inlunci.
tion made BY Judge oiin was refused. me OoaN
saying that II could not cit In judsnen, uPon
Iss@r. An orssr vas entered rsisrriss the
case to an auditor 10 report the Indebtedness o.
the defsndsut 10 the Bank Of Warrington, &o-
Judge Merriman for plaintiff, Mr.. Swami for
defendant. -.
The Court then took recess until nooni
when the Judgs rssumed his seat, and no
business appeared; and the Court adjourned un-
nm today at 10 o'clock -
WEDNESDAY.
The court transacted the following business:
1909. james M. Towers w. james Williams
Isl. Piutarch H. Dor,sy and wife, and J. ".
Williams, vs.. Thes. D. Florsnes.
These cases, invol ring the sams subject. mat
It appeared that the brothers, James and John
Williams, ss co-psrtnsrs, purchased lot st the
corner Of Psunsyivania avenue and Seventeenth
street, In this city; that John williams dying,
left as heirs J. W. Williams and Olivia, wife Of
p. H. Dorsey. James Williams incumbersd the
property to several parties and Towsn, a. as
signee for the incnmbrancers fled creditors
bill to subject the property to the debts. It was
at frst oontsndsd that the two brothers were
joint tenants, and upon tho death Of one part.
owner, the survivor became entitled 10 the
whole; but this view was not sustained, and q
decree was entered, October II, 1858, authoriI.
ing sale Of the moiety Of James Williams. In
1865, . bill Of review Of this decree was fled
In the meanwhile, Hon. Thomas d. Florence,
who had, for some years, resided on the prop
erty as tenant Of James Williams, whom he sup
posed TO be the sole owner, had entered into ne
gotistions with him for the purchase Of the prop
erty, but learning that he was not sole owner, the
negotiations were stopped awhile, but resumed
soon after with James williams and John W.
Williams and p. II. Dorsey as heirs Of his
brother; and q contract Of sale Of one moiety
was concluded with ]. W. Williams and Dorsey,
and checks and notes given for the purchase
money. Al least such Is the evidence on one
side the other parties deny that such contract
was ever concluded. Owing TO tho state Of
the title, however, the checks and notes were
mover presented for payment; but Mr.. Florence,
who had expended several thousand dollars in
repairs, held possession, and still holds the prop
erty. He had also purchased Of j. p. Ingle the
tax titles to the property.
The only point In the case argued yesterday
was as to the admission Of the bin OF review.
Mr.. Davidge held that It required leave Of the
Court Mr.. Brent said that as 1t alleged error
in law patent on the face Of the record Il needed
no leave. Mr.. Davidge, in reply held that the
patent errors which the rule OF practice en-
braced were not slight technical mistakes, but
fagrant errors, working injury, and that the or.
rors alleged were not Of this character. New
matter, too. was alleged, which undoubtedly re-.
quired leave.
Tho Court, after hearing the argument on this
point, and the reading Of the depostions, set the
case for argument tomorrow.
7S6. Julia johnson vs.. J. Ii. johnson. Dill
for siimony. Leave granted to file an amended
bill
1000. Adams vs. Strong. Thi, |, a case on
the same subject-mstter which came up some
time ago in tho Circuit Court. In that Court q
writ Of cert:orari was issued to Justice Bates to
bring into Court the record Of this cause. Mr.
Bates responded that the papers, the cause from
which an appeal had been taken, were carried
by him to the clerks Office, but ss the fees there.
on had not been paid, the deputy clerk would
not receive them; that he then carried tho pa.
pers back to his Office, and they had since been
lost. Since then Justice execution has been
issued on the judgment To protect himself
from this execution, Mr.. - asked for an in
junction restraining tho levy.
The Court said that tho law did not authorize
the clerk to refuse to receive papers on which
the fees were not paid.
The deputy clerk said that there was an es
pecial pigeon-hole in the Office for such papers
he did not remember any such refusal as thai
stated by Mr.. Bates.
Tho court said that justices should keep q
docket, not in their pockets but in a book and
II they did not do So 1t was good cause foi
removal. gentleman present mentioned aI
instance in which, havinga case before Justice
1t was found that the papers were gone, and the
trial had to be suspended In consequence. lie
suggested that dust pile in the corner should be
raked. Upon tho adoption of his suggestion, the
missing papers were found in the dust pile.
The court granted the injunction asked for
until the further order Of the court.
s72. spurrier ct al. vs. Heiskell ct al. This ID
case In which property purchased at 4 judicial
sale by French was relinquisbed to ]. W. Jones
he taking the place Of original purchaser by con.
sent Of court,
1875. Allen ct al. vs. Coyls ct al. Contro,
very as to real estate on D, near Thirteenth
street. Order appointing commission to make
partition Of real estate.
9s3. sOnnenschmidt vs. Fugitt. Order ., nub
location u pun
794 Hsnning vs.. Henning ct Al ord,, p,
manding cause to auditor to o" er.ct rsno,t
lOll; Hooper vs. Basso'. Order apnointipo
B. g. Lovejoy guardis- - j;,. o,'s' appointing
t.' SOs't 'A'n -Journed until this morning
ORPHANS CoURT-Judge ParceH.-Th'
court begun its session at noon on Tuesday, ant
transacted the following business:
Accounts of James NJ. Smith and John W
DeKraft, administrator Of Nicholas b. Val
Zandt, were fled.
An appraisement Of the estate Of Henry W
and Lewis II. Emmert, amounting to an annua
value Of one thousand and thirty-four dollars
was fled.
M. Smith, co-administrator Of N. d. VA
Zsndt, fled objections to the account Of J. W
DeKraft; the consideration Of which was post
poned until the first Tuesday In December next
Tho will Of Prof J. Riordan was presented 70
probate. Tho testator devises his late residenc
on Fifteenth street to his wife; also, two house
and lots on King street, near Washington street
in Alexandria also all his stocks, furniture ant
other personal estate Of every kind and char
aotsr. He constitutes his wife sOle sxecutrix
The will Is dated October 81, lS4q. It Is Wit
messed by @. II. b. White, A. X. Hewitt an
James Fitzpatrick. and the estate estimated a
$ll, 500.
Mrs NJ. Riordan qualified as executrix Of J
Riordan, deceased, and gave bond in the sum
SO, 900, with B. Ratchford Riordan and Franc
Miller rs sursties.
Accounts Of W, @. Moore, executor Of V. i
Baldwin NJ. A. Callan, guardian OF s. X. Duke
Of ali W. Emmert, guardian OF ii. W. EmmeI
al al and w a Mnnra axaautnF of Nir0inia II