Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-06-04
THE COURTS.

SUPREME CoURT-GKNERAL TEGM.-AlI the
Justices sat III banc yesterday
ADHESION AGAINST THE CITY REVERSED
Herefurth VS.. Corporation of Washington.
In this case the Corporation was mulcted in
S1,5U0 damages for injuries resulting to the
plaIntlf by being thrown from his buggy and
breaking his arm in consequence of running
his horse upon an open sewer-ditch on 9th
street, one night last year. The evidence below
showed that lamps Were provided around the
ditch. and that they had been lighted, but there
was 10 proof that they We're bnrning at the
time the accident occurred. Justice Wylie held
below. on the authority of a decision of the
supreme Court in Chicago case, that the city
was bound 10 take ..the utmost posi- ole care"
~ prevent injuries to passers on the public
thoroughiares. Mr Bradley, ir.. moved tor a
new trial which was refused. and me case then
came up to tie court in banc on appeal and
exceptions. The court reversed the decI sion
below and sent the case back for q new trial
Dade Hooe W. Jesse Il. Wilson. ApppaI
from the special term a bill to avoid trus-
tees sale. The facts out of which this case
grows are follows Ann X. Dermott the
owner of the Avenue House. died in 1861. her
estate going to her heirs. In l-6O her creditors
sought TO subject this estate TO the payment OF
her debts and 10 restrain the d. spos al or waste
of the property. Pending this SUIT, Jesse b.
Wilson was appointed receiver. and as such
took possession of the property. rented il. and
received The rents and profits. The suit even
tuated in decree OF sale. and the property was
sold by trustees named by the court. At such
sale Mr.. Jesse b. Wilson became the pur.
chaser. Hooe now sues TO set as ide this sale on
the ground that the receiver, being in fact a
trus tee, and having fduciary relations TO the
sublect-matter OF the facts, could not become a
purchaser. The case was argued by Mr. Null
10y for the appellants. The Court, without
further argument, dismissed the appeal, where
upon, in open court. an appeal to the Supreme
Court of the United States was prayed and
granted.
EQUITY Court, Judge Cln-This court made
the following order yesterday Fowler VS.
Whelan ct al Order referring cause TO auditor
to report upon the propriety OF sale.
AFFAIRs IN ALExANDRIA.-The Journal of
this morning has the following items:
City Night Wdteh-Mayor Berkeley Yesterday
swore In the following members of the night
watch, recently elected by the Council: John
Basil Waring, Lewis TIGER, Hiram Webster.
Charles Morris, Cornelius Phillips, George
| Strudpr, John &. Nightingale, Robert Wade
| John $. Cogswell, George W. Jones and Emsn-
| uel Webb
John Veitch and Larken Patton. members OF
the watch failed 10 appear. George Williams
and Samuel Jefferson. also elected members OF
the watch, were present but refused to take the
the oath. Capt. Smith will appoint his own
| ready men, without instructions from any
| higher authority. 1t is understood that the
| watehmen were sworn in. in accordance with
| instructions from the Military Commander OF
TINS District, who decided that the action OF the
| Cify Council in their election was final
| aNrdndrso Cdadt.-The stockholders of ths
| Alexanoria canal Company hold meeting al
| the market-house at eleven o'clock to. day
| Messrs. A. y. Harmon, Mckenzie, Markell
| and l.. ID. Harmon represent the city.
Political. - Conservative Congressiona
Convention will assemble in this CITY Frida,
| next at twelve o'clock srr. : :
Il