Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-16
THE C0TRYS.

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court in general term, Judge Humphreys de-
livered the opinion of the court, affirming the
decision of the court below in the case of De-
yenney agt. steam tug Katie Wise. In this case
the owner had given a mortgage on the steam
tug, and subsequently conveyed parts of inter
est In the same. The creditors OF the owner
the mortgage, the tug was sold and the proceeds
paid into the court. The court below decided
that the mortgage should be first paid. The
appeal was taken.
In the case of Offutt agt King-application
for bill of review-.Judge WyIie delivered the
opinion Of the court, denying the bill, stating
that the amount involved in this case was 500,
and the costs have already increased to about
siO0.
Judge Macarthur announced the decision OF
the court in the case of FOuth agt. Bradley, in
which the construction of trust deed is in
volved. The trustee undertook To sell the prop
ery for defalcation of an instalment of interest;
and bill was filed to eDjoin him from making
sHch sale, on the groend that he was not en-
powered 10 sell unless there was defacatOn of
principal and interest The majority OF the
court took this view OF the case, and affirmed the
decision below. Judge Cartier dissented.
Judge Macarthur delivered the opinion of the
court in the case of Luchs agt. Jones-forcible
entry and detainer-remandIng the case to the
court below, as the case having come up from
magistrate the circuit court was the court OF
deTnier appeal.
Judge Cartier delivered the opinion of the
court, affirming the judgment of the court
below in the case of Higgins agt. Gregory. This
is an action on promssory note, in which the
statute OF limitation was pleaded. Certain ex-
ceptions were taken at the trial below relating
to the admissibility of secondary evidence to
prove me contents OF burned letter, in which
further time was asked by the creditor, and the
court below decided that such request was
equivalent to an acknowledgment of the debt
and promise to pay.
Judge Cartier also delivered the opinion of the
court in the case of POmeroy agt. Clark and
Evans, revising the judgment below and re-
Judge Fisher entered similar motion to the
one made last Saturday to pay certain moneys
lot certain property in squares 6S7 aud 6Ss-for
the extension OF the Capitol grounds-and the
necessary order was made.
CIRCUIT COURT, Judge Contradictory mo-
tons for new trial were entered in the follow
ing cases: Blagden agt Mills, Lancaster agt.
Marsh, and Bastert agt. Culinane. Judgment
was set aside, with leave to plead was given, in
the case OF Towles agt. Mcnamara.
POLICE COURT, Judge SneH.-To-day, Sarah
Jones, charged with profanity; s3. Mary Cav
anaugh, same charge; SIS.
POWER OF THE BOARD OF HEALTH TO COMPEL
EUIsAECBS TO BE ABATED.
Mr.. Harrington filed notices of some II cases
OF nuisances from the board of health, with
copy OF resolutions of the board condemning the
same, and asked the interpositiOn of the court,
as the PARTIES complained of had been notified 10
abate the same and had refused to respect the
board of hearth. The court stated that judg-
ment would be suspended for the present, and,
IN the meantime If the parties complained OF
cnOse 10 remove the cause OF complaint, the
matter would rest. Mr.. Harrington asked that
warrants be issued for Mr.. Tobriner, MIR. Raub
and Mr.. Bates
MISCELLANEOUS CASES.
james Douglas, cOlOred, assault and battery
on officer Buckley. This is a half grown boy,
and most deperate one, having often been be-
fore the court. The Judge sentenced him to jail
for one year. Elizabeth Davis, assault on Celia
Crane; 50 and costs. Frederick Jones, violation
Of cart law; IS.
Oh, THE JOLLY, jingliug bellsI
Street car bells
How their pleasant music cheers US as 1t tells
That our lengthy tribulation,
That our fOot-perambulation,
That the weary iteration
OF the tiresOne explana ion:
..YOu will have to walk to-day
1t dispels
By its naturalization:
AnAx