The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-05-05

j
Cartier and Justices wylie, DIN and Fisher
opened the court In bdnc at the Circuit Court
room, City Hall, Yesterday morning.
The following gentlemen were admitted to
On the motion OF Mr.. Webb, o. q. Jenckes,
Of the Rhode Island bar, and Richard Lever.
On the motion OF Mr.. Riddle, Geo. II. Reed.
On the motion OF Mr.. Merrick, Messrs. Mer-
rick, Ashford and Phillip. were named as a
committee to examine X. Ross Perry, a candi.
date for admission to the bar.
TN Mr.. Riddles motion, the same committee
was appointed In the case OF Francis Miller,
On motion Of Mr.. Thompson, NIessrs. Thomp-
son, Phillips and Wilson were appointed to
examine the legal qualifications of l.. NJ.
Saunders and J. r. Edison, applicants for ad.
mission to the bar.
The docket was called as follows;
LAW ArrEALs.
Taylor VS.. King, Bartholow vs.. Wilson, Hen.
ner VS.. Bartholow, German VS.. the Corpora.
tion OF Washington, kelley's administratriS
VS.. MurrAy's alministratrix, Brown vs.. the
Corporation OF Washington, Middleton ". the
vestry OF Ascension Parish, Dougherty w.
O'I3rien, Hyland vs.. Savage, Taylor vs., VIII.
liams, Blanchard VS.. Clarke, Schuchardt vs..
Thornton, Selling vs.. Kimball, uArnett vs.. De
Able, Jones ys. q suffer, Forrest V, Moulder.
Schmidt vs. Mack, Carroll vs.. baltimore and
Ohio Railroad, Philips vs.. Dnvidse, Hadheld
VS.. Gibbons, Levy Court VS.. Rockville Turn
pike Company, Bowen VS.. Corporation of
Washington, Harris Va. baltimore and Ohio
Railroad Company, DE Groal 70. Secretary Of
the Treasury, Wyetts vs.. Fowler, Ia Re estate
of Sarah Edclin.
Equity ArrEALs.
Larner vs.. Larner, Whitney ~. FrIsblc,
Mackall ys. McFerren, Paul vs.: smith, David
son Va. Baltimore and Ohio Railroad Com.
pany, Hcssler vs.. Dixon, Johnson vs.. Birch,
Willard VS.. willard, Presbury vs.. Mayor OF
Washington, willard vs.. Mayor of Washing
ton, Byrne vs.. Davis, and Hutchins VS.. King.
The lottery cases Of Fowler and others are
the only appeals from the Criminal Court.
CASES ACTEDoS
| 4 Dartholow vs.. Wilson. Dismissed.
f1Taylor vs. Williams. This case came on the
motion for a new trial First, because the yer.
diet was against the charge OF the court and
| the law OF the case, and, second because 1t
was contrary to the evidence.
Mr.. Merrick held that no appeal could be
taken iu such case. Such motions were ad.
dressed to the discretion of the court, and fell
with the close Of the term at which they were
made; for, by the constitution OF the court,
| the same Judge might not sit at the next term,
&C., In which the motion was based, the new
Jndge would be without the information
necessary to the exercise of his discretion.
Judge Olin held that sach motions died with
| the term In which they were made, unlessth they
were decided by the judge to whom they
were made. Otherwise the incongruity would
be presented of judge called upon to decide
motion in utter Ignorance OF the facts on
Judge Wylie held that the appeal was still
before the court below. II the term closed and
| the Judge before whom II was msde passed to
another court before the motion WAS acted on,
| 1t was the misfortune OF the mover; for the
new judge, being uniformed Of any reasons Of
u granting of a new trial, would certainly
Ovcrrule the motion, and so end the matter
| This practice was necessary to make the re-
cord harmonious; otherwise, how cUulds final
judgment be rendered while n motion for new
| tpial undetermined appeared on the record.
" Judge Olin thought that II such motions did
fnot die, unless disposed Of at the term at which
they were, 1t would enable defendant to stay
| proceedings from term to term without giving
| bond and thus work injustice.
Chief Justice Cartier said that there was
no rule as to how long a motion for u new
trial lives. The rules gave the remedy OF a
| new trial, and this motion once made remained
on the record until 1t was legally disposed OF.
| II was motion oil right and he could not dis
cover how 1t died by hamilton. II must be
disposed Of and there could be no tual Judg.
ment In the case until II was disposed OF aud
taken from the record, He would favor rule
that all such motions uudisposed OF at the
| close OF term should be dropped, but there
| was no present rule OF that kind.
The whole court concurrcd in dismssing the
appeal nnsO,, y, cp,rt. rD,, opDe,l standing
on the same ground as the last, was likewise
dismissed
Mr.. Wilson presented resolutions of respect
for the memory Of John Jollihe adopted At a
| recent meeting of the bar Court directed tn At
the resolutions be spread upon the minutes
| ana adjourned.
Levy t'oURT.-This court met yesterday in
the room Of the Board of Aldermen, CITY
Hall, Col. j. A. Masrudcr IN the chair and N.
| Callan clerk.
Present, MessrA Magrudcr, Callan, Plant,
| Rowland, Blagdcn, shepherd, Brown, and
| Nichols.
Mr., Plant presented petition from Mcssrs.
Euos Ray and others, In which they ask the
| opening Of 4 road IN the county near their
| lands Referred
Also, a petition from Robert Earle and 9TH
ers, praying that the Rock Greek church be
not changed, and II changed to run on the east
side Of the hill by the gate Of Rev Mr. Buck.
Referred.
The President presented a communicable
from Judge Sargeant, urging that Mr.. Chase
and others be csused to respect the orders OF
tho Court.
Mr.. Plant moved that the fence named be
removed per force. Agreed to.
The President stated that the Georgetown
Councils had appropriated $500 towards the
repair OF the road leading to Droyers Rest
with the proyiso that the Levy Court credi,
expended in repairs, should the courts decid,
against them that the Levy Court must repair
said road.
On motion committee was authorized to
report q resolution accepting the proposition
MIR. Shepherd reported that the assessor
had reported the total amount OF assessment
would be ", 500, 900, and he (Mr. Shepherd
offered resolution from the committee nxinl
the taxes as follows; county taxes, IS cents OF
taxes, Is cents on 400 Total, 70 cents on thu
400. discount OF per cent to be msd'
until the LIST of June. Adopted.
A communication was received from resi-