The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-07-25

lou, LuUL ulky Delng the SQODaIn. lnG
Circuit Court held The check Wild not
Hitlstalaing, 1t had been given on efhG
Sabbath, and this writ Of error ,lwaI
brought 70 reverse that Judgment. Sub,
mitted. Davenport for SGibreicht, AID
Peck & CochrIn for HAdley: p1ni IL q
This tinishcIl tie docket for tho First
Circuit .r ..oc,..l,lq III gablia
SECOND CIRCUIT. ,f...r
George Smith, trustee, o. T. A. HoEE.
man, Richie county. d BOggess for the
plaintiff aud Lee for the defendants. Con
' Eugene II Henry rs. Il. +. Davis. D bod
bridge county. The notice for the hear.
ing Of. this case, giyOn by the plaintiff
having been adjudged insufficient, thlscase
WIS continued, Lee and Lewis for tue
plaintiff, and Borgess. for the defendant
THIS ended the docket of the Second
Circuit, and OH Saturday, the 10th inst
at 10 o'clock, the Court commenced on
the cases of the Third Circuit p,jT
"''l'' THIRD CIRCUIT. a.
WIN. Shields d. T. A. Hoffman 81 al
This is IN appeal from Taylor county. II
Is suit In chaucery by surety who has
been compelled to pay the debts, To be
substituted in place ,ot the creditor and
suhrogated his rights! Raymond for
Hoffman and DOggess tor Shields. Ar
gued aud submitted. I1I3C al rs hy.HI-
] A. T. Batson and vile los W." @. s.
Powell. Leo for Powell and Raymond
for Batson. Continued. fl"aflrN1n,
Ths,COmpletes the cases from the Third
Circuit E.u' HMP l4.E 3yiE!l 'AH
oil. .,a0. MONDAY MORNING. uA.7n, y
Judge Lee moved the Court to grant
the various Writs Of lmaudanluS. prohibit
ton aud certi0rari in the case, Of Howard
a. The Baltimore s. Ohio Railroad, and
Drthnsh ". tile SAME. w. ''
II appeared by the records and ailda.
Wits furnished, that Howard Rand ORA.
hOsll had separately sued tho Baltimore &
Ohio Railroad Company, In the, Circuit
Court Of Wood County. The object Of
these suits was tO'preVent the Company
from making itS rOad through Washing.
ton street, in Parkersburg, alleging that Il
would, iIbuilt, operate rs u great nuisance
to their property on that street. Judge
Loomis, US isNlIege1, without notice TO
the Company, granted injhnctions In both
cases against the prosecution Of the work
on that street. From these orders Of In.
functions the company took an appeal, to
tho Court Of Appeals, and the counsel for
the company insist that the appeal IT.
moved that question 10 the last named
Court. 1t would seem that the company
then continued 10 proceed with their
work. ltthen appears that on tile 18th
inst, the company was notitiedi'to appear
on tho 18th inst, before Judge Loomfs, at
Chambers, to answer for the contempt Of
his order Of injunction before male The
company not satisfying tho Judge, he on
the 18th inst, at Chambers, issued m or
der To the Sheriff of Wood county, to Sc
quester all the property Of the Baltimore
& Ohio Railroad Company in the county
of Wood, except that lie allowed the mall
and passenger trains to run but all other
business Ofithe company must cease. II
Is alleged that this order would work in
calculable injury to the business Of the
road, and The Court was strongly urged to
allow the citation to the parties to show
cause, II they could, why those writs
should not issue, but upon the motion Of
Col. Swami, the Court adjourned the fur;
ther hearing Of the case until Tuesday
morning. I,.g mi. g9r a '-.Htb'| .
On Tuesday morning, Col. Swami ar
gucd fully for the defendants in those mo.
ti0ns, and Lee concluded on the part oil
the Baltimore & Ohio Railroad Company,
and the matter was submitted 10 the Court
and the case was reserved for decision. +,
OTHER CoNr1NuANcEs AND NOTIONS.
Deem ~. Phillips, Wood county, con.
tpucd h ''f v o.
Mariah Michael ct al. gs. Joseph s.
Wheat, Morgan county, continued. l
Hczckiah RoderiCk ~. The Baltimore s;
Ohio Railroad, Jefferson county, certiorari
and continued. q"
VIM. ]. Stevens u. Joseph Brown Adl.,
Jefferson county, continued. .Et.4
John Barrett Is. A. w. Smith, Boone
county, continued. NJ.
Rachel Bines o. HeZckiah Moran, Ma.
ri0n county, continued h'haruU l3N't
James Lynch pS. Johns. Hoffman, Har.
rison county, continued. -..,T
CT. Licklider ct al. uS. George Folk,
Jefferson county, OH motion Of Faulkner,
on hellalf of the plaintiff, this cause was
dismissed! Il az .'ri.' '.' "''
Clark Evcrly us. nlsebecCa EVERY, Mo!
mongolia county, on, the motion Of Hay
monl, this case was dismissed, and leave
given to withdraw the rccord."
CGbell's Executor a. Smith s. Hale,
KanHwlIa county; on the first day Of the
term the counsel for the plaintiffs moved
the court 70 grant an appeal and direct
that the appeal should be allowed with.
out giving an undertaking for costs or
otherwise. The appellant, attached to
the record no petition, or any assignment
Of errors. THIS day tile 10th( tho decis.
ion Of the question was announced by the
President and it was held that where an
application was made To the Court for
such allowance, the party applying must
assign errors, ina petition or otherwise,
and show to the Court that the case was
one ormerit, and that there was Just cause
of appeal, and not leave the court 10 dis
cover the errors by. by an an examination Of the
Judge Lee lad on yesterday moved the
Court 10 continues case for the cause tllai
the notice required TO be given here, .ol
the holding Of this term !, according to the
act requiring such notice, had not been
given; to-day the Court announced that
for such omission, the Court would NOT
compel u party to try. his case, and Of
course only try such case as the parties on
both sides would consent to.
1T (ThiS, It Il presumed, will cut the term
down to but q few moro cases. W i1"N
"a On Tuesday all Of theCases on the docket
Of the Fourth Circuit were continued, ~
pRICRS REDUCEDll
1 81 -sg.liG- I bhhHG ""u 4!
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