The national Republican., 1867-07-01
THE COURTS.

1
Tsnr-Jndss Wyiis- The following cases wsr,
considered BY the court
Mer-in rs. cornwsli, No ana, a. law. Judg.
mont By default.
Brown vs.. Psdsn, rule TO employ new counsel.
Douglas ". Douglas. An appeal to the su.
prsms Court had been taken in this case, and q
motion to require the party holding the property
security, Wa now made BY Mr.. Coz. The court
oysnuisd the motion. deciding that as bond Of
$1,000, with johnson as security, conditioned 10
abide BY and perform the order Of the court had
already been given, sufficient protection was
thereby afforded all parties interested.
No farth:, ss.ins'. appearing tho court took
The judge resumed his seat at noon, precisely.
The following CASES were called up and disposed
Of In their order.
Nay ,s. Sullivan. Leave granted for The
plaintiff 70 withdraw motion for new trial, and
rsasons therefor
George sahmsli w. p. Jowsnsi and John
Ko.sal. judgment BY default.
MAgargss Brothers W. George 8. Gideon.
Dsmmursr ovsrrulsd.
Samuel Strong " Christopher Adams. An
order 10 Justice =. II. Bates to bring into court
certain papers In the above cause was made
some time since. Justice Bates returned that
the case alleged was heard before him In
February, 1865; that upon an appeal made at
the clerk Of the Supreme Court Of the District
whose deputy declined to receive them because
| . certain sum OF money as security for fees was
not deposited The court directed the order In
this case to be dissolved.
Moslick vs.. orme. An application BY Mr.
Crawford to set aside the judgment rendered In
this case last week was refused.
Cromelein Of al. u Rullman. Application
for . Judgment Of condemnation Of goods seissd
under an attachment. The application was re-
sisted by the parties holding the goods on the
ground that they were covered by . deed Of trust
The court refused the judgment asked for
TO the goods, but gave Judgment BY default
against RuilmAn. J. Z. Williams for applicant,
Webb for gsrnishees.
WIN. Townsend vs. Jno. p. Hilton. An appeal
from justice, involving the construction Of the
landlord and tenant law Of July 4, 1854. II sp.
pearod In evidence that Hilton rented TO Town
send a house on N street between Fourteenth and
fifteenth streets some time since, but that
desiring TO vacate the tenancy, he served proper
notice to quilt on an adult on the premises, the
tenant being absentj that the house not having
been vacated as required by the notice, Hilton
caused to be issued by the justice on the
Sd Of April summons for Townsend to show
| cause why q writ of restitution should not issue
against him. This summons was also served upon
an adult on the premises 1t being understood that
Townsend was out Of the city and now residing
In the State Of New Jersey. The trial took place
on the llth Of April, and the justice having de.
cided In favor Of Hilton's right Of possession an
appeal from this decision was taken on behalf Of
Townsend.
The new landlord and tenant act authorizes In
terms, the notice to quit to be served, 10 the ab-
| sence OF the tenant, upon any adult on the prem.
| ises, but delares that the summons to show cause
| against q writ Of restitution shall be served In
| the same manner as other writs Of summons.
The rules Of the court require wfits Of summons
A h.. wuaI e L.. H..
intended. The act also directs that between the
time Of the delivery Of the summons, and the date
at which the party 10 cited to appear shall be at
| least seven days; and counsel for Townsend con.
tended that upon authority "at least seven days'
was equivalent to Seven clear days" or seven
| days exclusive, both Of the days Of service and
the day on which the party Is cited to appear;
and as in this instance the party had been sum.
moned on the Sd to appear upon the llth, the
summons was defective In that particular.
The Court said II would give liberal coustruc.
tion to the words Of the statute to effect Its In.
tent, and - the notice To quit which terminated
the tenancy might bs served upon any adult on
the premises, II would not presume that the
legislaturs intended to require q more direct
service Of . subsidiary process. As to the second
twss. the third and tenth of Ippiii," thehs wbfs
"at least seven days" The decision of the iu,.
tios was therefore affirmed.
An appeal to the court ia bdnc was entered;
for 1t 10 said that the decisions upon this statute
are conflicting, and much trouble Is ocoasioned
landlords BY the present state Of the law upon
the subject.
The case Of Corbit vs.. the Baltimore and Ohio
Railroad Company. adjourned until Saturday
10 give the plaintiffs time to prepare exceptions
to the ruling Of the court in granting new
trial, was taken up, and, II being understood
that the statement Of evidence prepared by ooun-
sci for the plaintiff was not deemed exact by
counsel for the defendant, 1t was agreed that
eaeh side should prepare an abstract Of the evi.
deuce, and. In case Of disagreement as to the
| facts, that the court should decide. The 18th
day Of July was named as the time on which the
statements should be filed, and II was agreed
that the bill Of exceptions should be signed then
for now.
Lloyd vs.. Kimmell. In accordance with o
rule heretofore issued, . now bond was fled In
this case.
Cesar vs.. Cusio. Mr.. Adams moved for now
trial In this case, (the mule cass,) upon the
ground that tho verdict was against the weight
Of tho evidence. The motion was sustained and
q new trial granted.
| Barker VS.. Wade. Judgment by default.
The Court then lat three o'clock adjourned
until court In course, and thus closed Its May
term.
| ORPHANS CoURr-Judge PurceH-The
| appraisoment Of the personal estate Of Thomas
Goodall by Thos. J. Murray and Thomas Nc
Fadden was returned to court.
The will Of Samuel Tilson was presented ts
the court, proved and ordered to be admitted tt
probate. The deceased gives all his property
real aud personal, to his sister Mary Tilson, o
Wrexham, England and In case she does MOI
survive him, then to the legal issue Of his brother
and sister; the descendants Of each to take ant
divide between them an equal portion Of tn,
| estate
Leroy Tuttle, Of Washington Cbas Place, o
New York, and Abraham Wyokoif. Of Brooklyn
are named as executors, with power to sell ant
convey his real estate.
The will Of Jane Lepreux was also provet
and probated. The deceased gives her younges
son, Augustus Lepreux, q part Of lot No. l, Ii
square 292j the said Augustus, however, In con
sidsration Of this devise, to pay to Lewis Ls
preux, his eldest brother, the sum Of $500. Sh
also constitutes her son Augustus h"r execute
and rssiduAry iegatee.
The will Of Mary B. Green, made at Phiiadel
phia and properly certified. was also Admitted
TO record In this testament the deceased give
to her daughters, Alice Hutchens and Heller
Spangler, all Of her real estate In tho city o
, , Washington, directing, however, that unless tn
property Is sooner disposed Of, her husband shal
receive one-third Of the rents Of the same durinl