The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-10-16

Circuit CoURT-Judge Fishcr.-rhis court
transacted the following business Yesterday
an appeal from the judgment OF a Justice, Civ.
ing Jackson 1880 for tho use OF a wagon
which Denaise had detained from him and
used under claim Of owning the vehicle. The
Circuit Court Judge Olin) sustained the
judgment below. 1t appeared from the papers
that at the trial before the justice Denaise h d
been sued as Dennis Dcnaise instead of his
true Christian name Francis; but upon filing
the appeal bond his true name was signed
thereto, SO that when the appeal came up to
the Circuit Court tho clerk there entered the
suit went on to judgment, which was rendered
against Francis Denaise. The PLAINTIFF coun-
sci, Messrs. Brown and Wilson, thcreupon
entered a motion that execution issue against
Francis Denaisc instead of Dennis, and this
motion came up TO be argued.
Mr.. lline for the notion did not see that
such motion was needed but being in court
1t must be disposed of, rs the defendant, Fran
els Dcnaise, had defended the suit and ap-
pcsred as witness Certainty rs to the
party meant WAS thus admitted, even II there
were difference in the name of the defendant
as sued before the justice and the name AS
made appellant in the count above.
Gen. Totten, (cOntra.) 1t WAS evident that
on the papers AS they stood no clerk would be
justified In Issuing execution against Francis
DenaiBC In n suit which the papers showed
was brought against Dennis Densise. The
plaintiff could not call upon the court to help
his mistake in bringing the action.
The Court thought the motion supenuoUB,
On the trial oil appeals from justices the case
came into the Circuit Court TO be tried Dc HOro
and In u summary manner When, then, thil
came up, 1t took In the Circuit Court the
character Of n new case entirely, and being
there entered In the true name OF the defend
ant, its Judgment was good judgment Ant
execution might Issue against the defendant
In his true name.
Under these circumstances the motion was
dismissed by consent, the Court however re.
fusing to adopt the suggestion OF Mr., Hine,
and enter the motion as dismissed "without
prejudice"
General TottCn then entered motion for a
new trial on the ground that the jury had in
cluded in their verdict damages RccrulBg after
the commencement OF the suit. The motion
was oYerruled,
Brown vs.. the Alexandria and Warrington
Railroad Company. We noticed that judg
ment by default had been entered In this case
Mr.. Brent now dles motion TO set aside the
judgment on the ground that the process II
the case had not been served upon the receiver
the said road being at the time in charge OF
receiver appointed by this court; but no action
Is yet taken.
Kearney VS.. Buckley. Motion for new trial
ovcrruled. This wN5 u suit against the hus.
band for bread furnished the store Of his wife,
from whom he had separated.
Another Intellectual attempt to settle the
facts for the bill of exceptions in the case OF
Gresham vs.. Liens was made, and the case
was postponed for the purpose OF coming to
An agreement as to the matter, in time to try
the case before the court In general term.
Tho court then adjourned until this morn
Ing.