The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-11-11


opened It's November term yesterday. Avery
large plumber Of members Of the bar were
The morning was spent in calling the sp.
peal docket, and many cAses were disposed OF
Ths following cases were continued; Fell.
OF sion; Keefe VI, Van Rlsvicfi Brand
ner vs.. Corporation OF washinEtonj Morgan
vs.. Poseyj, CLARK ys. Corporation OF Wsshing-
las, North V. Griiiith, wiiiisms vs.. Ruther.
ford; King & Son W.. O'Brien, Zimmerman vs..
Dsyaughnj Garrett VS.. Amherst 4 Brown.
The followlng cases were ordered OF The
Gibbons vs.: Jiiley, settled; Burnley W.. corpo.
counsel; Roth Va. Leclsir. judsmenty Buckley
Hilton, settled AZ defendsnijs cost; Willie Va.
settled Willie V. Warrington, ietiled. H.
armed. Appeal dismissed. III
Corporation YINKs AFFIRMED.
Corporation OF Washington vs.. Fitzsim-
eases; Dennis irwin, James Lawn, 4 cases,
John Flynn, y. q. Langley, J. X. Schwartz, d.
ooen, 2 cases; NJ. Murray, A. Muller, II. Bros.
%scsi,Si, w. Mil. s & asfn NJ bo MI
). Roach, ). Flynn. j. hms., p. seiaar, n.
SSs srn. + {Saa s,is. H R oBY y fu. Fl
s'R s Maine Ssa FFai t. hill a ss% T. T.
Dyer: These S S.,ss were All appeals from nne,
the city. They were all dismissed. on the mo.
tion OF MI. Coax, because no docket fee had
Parker 4 MoNiokoI ys. Woodward A. Go.
judgment by default on bill Of sI6O 70, for
painting and glazing. Edson.
Samuel Cropiey vs.. Edw. Mccormick. Judg.
ment by default for t227-intcrest, costs and
Jadsmen. by default Tor S,.Sos dSe for SOoI.
Daily VS.. Clancy. Ordered to be put on the
Riley A; shinn vs.. Anthony Rodler. Juds.
men, nent BY default for ssiTs7.interest, &C., on
Samuel Barth vs.. Jacob Aigler. Judgment
BY default for tsSS'2S-intsrest, So, on a prom.
Lcisman VS.. Gaiser. Judgment opened and
leave granted defendant to plead.
Robinson 90. vs. Mclaughlin. Judgment
by default final. Oliver.
cases. Mr.; Appleby files motion to strike case
). T, n SI, Y, p,ar we,.n HsIt, and Het.
to dismiss appeals in these eases because OF
the non;psyment OF docket fee.
Wheelright & Nudge vs.. II. Muth. Judg.
ment by default for tS1S, due for paper, sta.
RULING ON AN ATTACHMENT ron Rgsr,
Henry +. Condict vs.. ID. s. Norton. Motion
oy Mr. Totten 70 quash,, and that the indict.
ment issued In this case be dissolved: LIST. Be-
cause the affidayit on which the same 10
founded 10 not sufficient, and Is not supported
6y TIE testimony Of one or more witnesses.
taking whatsoever In said attachment pro-
rent under the landlord and tenant act.
Mr.. Totten argued that the act Of Congress
which substituted a statutory remedy BY AT.
tachment Tor the common law remedy by dis
tress 10 rent cases merely added another to the
ment might be sued out, and that an attach.
ment ior rent came under the general law gov.
erning attachments, so as to require in that
DO issued upon the filing OF an UNDERWRITING
bond and the ahidavits OF parties other than
The plaintiff. These essential preiiminaries
the attachment should therefore be ausshed.
Judge Cartier overruled the motion to
9uash. he held that the statutory attachment
from Attachments in Gases Of fraudulent re.
moyal OF goods, sc. 1t was a process in.
tended BY Congress- to secure the landlord In
his rent, while aooiishing hi: privilege Of dis.
his VIII and his action the judicial will and
the action OF the law. But there It stopped,
y Y was Intended to replace, in all Its potency,
had no connection except a similarity Of name
with the processes which arc Issued to hold,
l9t judicial action, property which is in danger
overruled the motion.
QUESTION OF APPEAL PRACTICE SETTLED
Frank Ebert vs.; John Shea. N. II. Miller
4. Kendall opposed the motion on the ground
that the judgment OF the justice below had
been given within ten days before the opening
OF this term OF the court.
Judge Cartier held that the case could be
docketed II all the preliminaries had been
complied with, Notwithstanding the Judgment
appealed nom had been given within the ten
aays preceding the opcning of tins court
There was no rule which prevented such cases
Of the court, which required notice OF trial Al
least ten days before the sitting of the court In
which the cause stands for Judgment or trial,
dlu NOT apply TO this case: Motion sustained,
and case docketed accordingly.
Adjourned.