The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-06-12

DoINGS IN COURT THIS WEFK.-Tbe bus
mess dlsposeu of in the Court of Common
fieas, which adjourned finally at 3 O'Clock
yesterday evening, was as follows:
The following cases were either continual
n4 the Court or settled by the parties interest
ed Cambria Iron Co, vs.. Francis Christy and
.iIchael DImond nmnns in eiectment-con-
Ihued at cost OF defendants so far rs relates
TO the service of subpuanas; Emil James vs.
Cambria Mining and Manufacturing Company
N ~ nous - IN cefeilanU-settled: 1: Emil James
vs.. X; u. Westbreok-summons in deht-set-
LED IN. s Haven & Co. for use of William
stevens, VS., Dan'l McLaughIin-summons ca Sc
IN assumpsit--continued0 on account of death
or A kepelin, Esq, counsel for defendant;
DANIEL warner vs.. Chas. y. Lauchbein-sum-
mons in trespass on case of slander-settIcd
The cese of Thomas ]. Williams vs.. Thomas :. .
Nitus Klinely vs.. Anthony Gill- Trespass
rms was an action brought by Vitus KlineIy.
OF Chest township, against Anthony 6 i'll, of the
same township, TO recover damages for the al
legged cutting and removal of timber from the
ages done to the land by the making OF roads,
etc Defendant produced an article of agree
meht Gated May 2d, 1866 in winch Klienly GOV
enanted to sell all timber fit for square timber
and saw logs owned by him to A nthony 6 iii for
SI5O win the privilege OF removing the same
within seven years. Klicnly ucmurrcd to said
agreement, alleging that il had been obtained
nS fraud ana misrepresentation OF its contents.
Defendant proved by witnesses that the con-
tents had been ex planned to the plailtifr, where
ant. Shoemaker & Sechlcr for plaintifT; John
ston & Seaman for defendant.
L. strauss VS.. VIM. Tiley-Assumpsit. This
action was brought ny l. Strauss. OF AIleghe-
ny county, to recover payment for bill of
liquors sh1ppsd by plaintiff for VIM Tiley, to
Iilly's Station. at the instance Of John Mali
phant, now deceased. Defendant denied hav-
Ing ordered. or assumed responsibility for the
payment OF the bill. Verdict for defendant
Shoemaker " Sechler for splaintiE; Johnston
& Scanlan for defendant.
Elisha Elliott VS.. Harry Narlett-Assumpsit.
Bills ha Elliott, OF Philadelphia. brought action
against defendant, who resdesat st. Augustine,
this county, to recover book account. After
a jury had been empaunell0d, the accounts of
plaintif and deten dant were compared and the
suit settled by defendants counsel confcssjnv
judgment in the sum of $50 Rcade for plain
tiff. Tierney and Johnston for defendant
John Kinney, Trustee, Maria Kinney, and
Joseph Criste, guardian OF CatharIne and Brid-
get Jane Kinney, VS.. Geo. J. Swaderer-Tres-
pass This action WAS brought for LEGGED tres
pass or the defendant in the raising and reno
claim ed, from their premises in or near he hOr-
Ough of SUNNI itVille, from the road bed of the
Old Allegheny Portage Railroad. Defendants
counsel, on the contrary, cOntcnGed that the
Kinney deed only calls for land to the line OF
said road, that the stone blocks used in the SUI
perstructure of the road were transferred by
the sale of said road to the Pa. II. II. Co., and
that The Kinney heirs could show no title there
to-. On the Sc points OF law the Court reserved
judgment, but the jury awarded the plaintiffs
q Johnston for defendant.
Enoch Reese, adminIst traitor of VIM. II. Nor
gan, dec d. VS.. Ino. A. .Makiu--AsSumpsit. Jury
find for plaintiff s7l.cS, with interest thereon
from Sept lst 1896.
Samuel 3. Paul VS.. William ". Davfs-As-
sumpsit- Jury find for plaintiff in the sum
OF 800 .9S. Johnston " SCanIan for plaintiff
fenlon for defendant.
fIhos- ROup VS.. F. NJ George and Jos. CFisto,
Executors of 0tho Styner, dec d-Assumpsit.
Verlict for plaintiff Szs6.S6. Shoemaker n Secl-
Ter for plaintiff; Johnston j ScanluH for de-
PENDANTS.