Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-30
THE COURTS.

SufkEAk Ott M OB DicIktC1, IN u IN
.RAL, fkRN-C1ief Jsst,ee Cartier, 'Associat.
Justices Ohm, EisAer AVID Bylie.-On motion O.
mr. Cox, mar. VIM. q. Bowie, OF the Roc Vile
bar, was sdmIfsed TO practice.
Is. PLiibrook, on certificate from County Court
OF CaIsdopia county, Vermont. Admitted
MIR. Philips read decree, which be hoped
the Court would adopt. ordering. adjudeing,
aud deeroeIne that the case OF Burns vs. Dsvis
be referred TO VIM. +. Msttingiy se pecial a.
dior; that complainant have the relief ordered,
ano III exceptions he not taken and sustain I'd
thereon then that the decree os considered
final and ludgme Mt and execution issue
Mr.. Dayidee argued that IL sAouli be re-
ferTed TO he auditor to report on other cases
IN the regular way, because he would in this
case be deprived OF the right OF appeal. With
q slight modification, ii was so ordered
Justice Wylie revised bis decision Ia the
Pearson Will case, in one po nj, agreeing Alto
sether with Judge Purcell 1.-THE court below,
THK sEoRsRTowN BUTCHER CASE.
Justice Wylie read the decision Of the court
in the case of Homiiler ct al. VS.. The MAY or
whether the Corporation can compel them to
take ont license to sell at the market, by for
bidding them to sell elsewhere. After reciting
the facts in the case, be said that this was an
Injunction against the Corporation to compel
them to issue green grocers' licenses, as for.
merry. The establishment OF markets overt is
long established custom, and part of the
domestic policy Of Any eS S,s m THIS is
MAJORITY; and on the part OF the Corporation
there was no fraud or breach Of trust sho wn:
they only refuse TO renew licenses OF green
erocers which had Iun out, thereby preventing
Considering it as question of Law, can we
enquire into whether Corporation has for.
fe,ted its charter II SO, Is that defense in
TINS case 1.-THE market house 10 nuisance
the butchers cannot be held responsible. THIS
Court could not be required to insist that I ne
Corporation Of Georeeto wn should issue green
Erocers' licenses. and this is wha, was asked in
their bill We can usurp neither the jurisdic-
tioh OF Congress nor that which Congress has
conferred on the Corporation OF Georgetown.
InJun cttCn refused.
THE CELKBRATRD CONTESTED CALIFORNIA
LAND CASE.
Justice Wylie announced for the Court that
there was an obstacle to ultimate judgment in
the pleadings Of the case, sent back to special
mental bill setting out fact Of q patent having
iss ued 10 the defendant
Justice DIN dissenting said that il there was
no decree the bill should Do dismissed, and
euch judgment should be pronounced.
justice Cartier said that no opinion ought to
be given at his time in regard 20 its merits, bat
iook occasion 10 say the majority could not
seree with the argument OF Justice Olin.
IN MATTER or SARAH BDELINs WILL.
Justice Fisher rendered the decision of ma.
iority.
He thought that she was in a state OF uncou.
sc,ousness " hen executed, and couseq uently
not capable Of executing q valid will and tss-
lament, and the heirs at law should not be de-
prived Of their Inheritance. Her hand was
guided TO the paper, which was placed before
her, even when she was in Grticuio morris
Order OF court below admitting the will to pro-
bate Is reversed
Justice DIN. dissenting, argued that IL was
executed with the formalt,es necessary for
devise of personal properly, and she was at
the TINE she made IL capable OF executing
valid will or iced The degree OF capacity
was argUed, and he SAID no fixed amount OF
iEteilig'n nee Is necessary. Here was NO fraud
or undue restraint or imposition.
CIRCUIT Court, Chief Justice Curttsr-This
The Baitim ore aud Ohio Railroad were taken
up. The plaintiffs are parties owning lands
through which the route o. the Point of Rocks
hi al ch has been surveyed. aud the cases come
up Tor coDfirmatiCn OF the aw ards made oy
The jury last summer. The awards IN the
cases of HeTvey AIsrtin, CHARLES H. Wiltber
ger. Thomas Murphy, Henry ueen, George
w Ta.bert, John Maguire, ard Cbristiana
Turner were confirmed Exceptions were
med on behalf OF others by NJ ssrs. Davidge
aud Bradley Pie further Ming Of exceptions
anc hearing OF the cases was postponed until
FRIDAY, at two O'Clock p N. There is In all
about thirty Of these cases.
ORLEANS Court, Judge PurceU.-First and
final &C, cunt of Henrrta Andrews, admins
tratrix of Christopher Andrews, deceased, was
apprO we'd and passed.