The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-09-12

! PROCEEDINGS IN CoURT.-Sec0nd Week.
Very little was done in Court this week.
the session abruptly terminating on Tues
DAY evening Only two causes were tried
the balance of the list being either contin-
ued or settled. Below will be found full
report
Com'th VS.. David Rodgers. Cause con-
tinued until December Sessions. Defend
ant held in $500 bail that he be and appear
at that time, and not depart the Court with
out leave.
Edward Peden VS.. j. G. Kelen No 40,
chanics' lein. jury find for the plaintiff the
sum of So.
John Forsyth, for use, VS.. Cambria Iron
Co. No. 1O1, September Term, 1869. Sum-
mons case in assumpsit. y jury was called
i'll this case, when the plaintiff took a nom
suit.
George Cupp VS.. Perry Bolsinger. No.
"a, March Term, 1871. Summons in eject
ment. Plaintiff becomes nOn-suit, with leave
TO move that non-suit be taken off at Argu-
ment Court. and cause reinstated ON the list
at his cost.
Hipps & Lloyd VS.. S. A Laverty. No
113, September Term, 1872. Appeal. Plain
tiff becomes non-suit.
Conrad Suppes VS. A. j. Haws. No. 80,
December Term, 1872. Summons in as
sumpsit. Settled as per paper filed.
Casey, Fogerty & Co. VS.. p. 81 r. Nc
Cough No 60 March Term, 1873. Sum-
S-@ NN~SO
Settled.
Lucinda Richey, Executrix &c, VS.. w.
w. Jamison. No IA, June Term, 1873.
Summons in treSpass OH the case upon prom
ises. Continued at the cost of the defend
ant.
j. c. Smith VS.. w. b. Bonacker, Sheriff
of Cambria county. No. 16, June Term,
1873. Trespass III ct drRjs. Continued
Conrad Suppes vs.. A. j. Haws. No. "a
June Term, 1873. Summons, trespass on the
case in assumpsit. Settled.
Neal O'Donnell ct al. VS.. Henry Arble.
No. Al, June Term, 1872 Summons in
ejectment. Continued by consent.
L. Strauss VS.. Wm. Tiley. No. So June
Term, 1873. Summons, trespass on the case
upon promises. Continued by consent.
Henderson Bracken vs. Davis Bracken.
No. %, June Term, 1873. Summons in par
tition. Settled.
S. NJ. Douglass VS.. James T. Neason. No
SO, March Term, 1873. Summons in assump-
sit. Defendant pleads non GSSumpSu and
payment, with leave, etc. Defendant also
pleads tender and pays $50 into Court, which
he admits to be due; which amount is re-
fused by the plaintiff Jury called and
sworn, who find for the plaintiff the sum of
S1SSS.
Summerville VS. Rodman, Mellon, ct al
No. Is, September Term, 1872. Summons
on the case for injury done to the real estate
of the plaintiff in the nature of nuisance.
Defendants plead mot guilty" jury called,
but before thev were sworn the defendants
fled a special plea, whereupon the plaintiff
alleges surprise. The jury was thereupon
dismissed and the cause continued until
next term, at cost of defendants.
Summerville VS.. Mellon, et al. No. 96,
June Term, 1873. The pleadings in this case
were the same in the preceding one, and
continued under the same circumstances.
James Stephenson ct. nj. VS.. Finney &
BarrOws. No. 16, September Term, 1872.
Summons case for injury done to the real
estate of the plaintiffs in the nature of nui-
sance. Cause reached on Tuesday after
noon, and a jury called. whereupOn tie de-
PENDANTS, upon leave Of Court file a special
plea. Plaintiffs plead surprise, and defend
ants ask leave to Withdraw their special
pea, which being granted, the jury was
sworn. After two witnesses had been eX-
amined, the plaintiffs, upon leave of Court,
amended their nd1r, whereupon the defend
ants alleged surprise, and the jury was dis
missed and the cause continued at the cost
of plaintiff.
This being the last cause on the list,
there was nothing more to do, and hence
all the Jurors were dismissed and the Sher-
if WAS directed to bring in the prisoners
/ convicted and awaiting sentence.
Patrick Cavanaugh, who was last week
convicted of aggravated assault and bat
terry, and of simple assault and battery,
was sentenced to pay fine of 50 and the
! costs of prosecution aud 20 undergo impris-
! onment in the county Jail for the term of
| four months, and in the second to pay a
! fine of s. and costs of prosecution. The
I prisoner had already served four months in
Jail awaiting trial.
John Murphy, who was indicted for as
! sault and battery on an officer while in the
discharge Of his duty, and for assault and
battery, and who had submitted in both
cases, was sentenced to pay fine of SO
and costs and undergo ten days mprison-
ment in the county jail.
Argument Court was fixed for Thursday,
| October I'd.