Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-23
THE COURTS.

CIRCUIT COURT, Chief Justice Cartter.-Yes
terday, the case of Deely W.. Shanahan. which
has been occupying the court for some time
past, came to q con clusion, the verdict of the
Jury being that Johanah Deely was not com.
petent to execute the deed bearing date Oct
%, 1866, and marked exhibit A in said issue.
Mr.. Merrick made a motion for q new trial,
SUPREME CouRr IN GENERAL TIRM-Dsci.
stems, dc.-This morning IN the Supreme Court
in General Term, Ohief Justice Cartier, and
Associate Justices Olin, Wylie and .shsr were
on the bench.
on motion of Major e. Totten, Mr. Josepb 7.
Power, Esq, OF Pennsylvania, was admitted
to the bar t..
The Chief Justice delivered the opiu,on of
Court, "a me nf in the Or
Mayor and Corporation of Washington. The
plaintiff sued for damages received BY falling
into ditch or excavation, which he charges
In not having 1t properly protected, and OBJ.
tanned judgment for 8, 900 damages The court
holds that the barbados should be 20 secure an
to preclude the possibility Of an accident with
and, as had been charged below. If the Corpo-
ration dug pit, or permitted others to do il.
they hould be held responsible for putting in
a safe condition High ways are made to travel
hundreds Of thousands making the current of
humanity passing over them daily: and to
hold that the Corporation could dig pit II
feet deep and 60 feet in length without properly
guarding them. would be to give them the
hight to construct dead falls for humanity
They might as well erect q gallows and hang
every man who passed after twelve at night,
as TO dig ditch for people to fall into. 1t is
the duty OF the Corporation 10 use every pre-
caution for the safety of the citizens.
Mr.. Bradley entered an appeal
The Chief Justice delivered the opinion Of
the court in the case Of Mrs. Elizabeth :.
X. Young. The complainant filed bill in
chancery, asking that the defendant be COM
Re He'd TO pay her $1,000, secured TO her by the
last will of James r. Young The defendant
answers that in the life Of the testator he exc
outed the Will by purchasing a house and lot
IN Boltimore and adeemed the legacy. The
Court had come 10 the conclusion that the tes-
tator bad designed to execute his will In his
lie time, and the legacy had been adeemed,
and the bill was dismissed for want Of equity
In the case OF r. McIihau agt Lewis Ole.
Phane, which comes from the court below,
where the plaintif sued for libel and OBJ ain ed
Judgment for $500 damages, which comes up
on exceptions. Judge OlIn deli vered the opin-
ION OF the court, reversing the judgment OF the
curt below.
In the case of p A Byrnes VS.. H. S. DAVIS.
which came up from the Equity Court on APP
peal, 1t was ordered that the appellant Byrnes,
recover the amount OF interest paid over per
cent. per annum from the rendition Of said
Judgment, and dnring the time that Davis for.
bore 10 enforce his Judgment; and IN tn event
OF counsel falling to agree as TO the amount
that the matter be referred to the auditor to re-
r
Davldge gave notice OF appeal
In the case OF h. Il. Birrett and wife agt
Mcpherson ct al-the Pearson wiII-case-the
Judgment OF the Orphans Court setting aside
the probate OF this will was affirmed, and the
judgment of the same Court in refusing to send
ssues to the Circuit Court was overruled
In the matter OF the rule on q. S Baker, Esq =,
an attorney OF the court, the return was made
denying the allegations in the petition for the
rule, and praying that the matter might be re.
feTed to the auditor to decide on the amount
properly due, and il was so referred. The pc.
ttioner OF j. T.. Spencer alleges that Baker
was employed as counsel in q replevin Gaze
and from time to time he asked and obtain ed
money, for which he has not given an account
Of -
ORPHANS COURT. Judge PureeU-This
morning letters of administration on the estate
OF James Sutton were issued to VIM. Nixon
bond 81 400. I.
The first account Of Daniel McFarlan, guar.
dian TO Ida Moore Baldwin, orphan OF H. CLAY
BalwIn, was approved and passed.