The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1874-01-17
Circuit Court for Baltimore County.
DECEMBER TERM, 1873.
Hons Richard Grason and Geo. YeIlott, Judges !;
John Bacon, Esq, Clerk; J. F. @. Talbot,
Esq, States Attorney; Samuel f.
Butler, Esq, Sheriff.

Hons. Richard Grason and Geo. Yellott, Judges
John Bacon, Esq, Clerk !; J. F. @. Talbot, |
Esq, States Attorney; Samuel f.
Butler, Esq. Sheriff.
THURSDAY, Jan. s.
Leonard Burke, burglary and larceny, tried
before the court; not guilty. Lewis Schwert-
berger, larceny, two cases, tried before the
court, guilty in each case; not sentenced. Geo.
Waterman, assault and battery, plea of guilty,
fined one dollar and costs. Cases removed
from the city Albert M. Mitchell, larceny;
sried before the court and traverser adjudged
keepiBg -bnwdy house, two casesG srerreu. :
Francis Mayberry, assault and battery; recog-
/, nizance forfeited Antonio Bachman, two cases
| for selling lager beer on Sunday and in two for
selling lager beer to minors the two former
and one of the latter tried before the court and
traverser adjudged not guilty; the fourth case
continued at the instance of the State in order
to secure additional testimony. James Garri-
ty, George Harris, Patrick Dougherty, Henry
Vernon and Georgeanna Vernon, assaulting
and resisting an officer tried before the court;
Henry and Georgeanna Vernon not guilty the
remaining traversers adjudged guilty and each
fined five dollars end costs. James Clarity,
George Harris, and Patrick Dougherty, sss4ult
| and battery tried before the Court; guilty and
| each fined five dollars and costs.
FRIDAY, JAM q.
Ann NJ Wilson, larceny recognizancs for
|
| plea of guilty confessed sentenced b. fifteen
| days imprisonment in the Baltimore city jail
Julius Hutchins, colored, indicted for larceny ;
recognizance forfeited and bench warrant sr-
dered and issued Charles Ashley, colored,
| and Thomas Murray, indicted jointly for body
snatching lin that they exhumed and carried
away the body of Mary Smith from grave in
| Sharp street cemetery in Baltimore county J"
indictment demurred to and demurrer over
ruled. Suggestion and affidavit of removal by
one of the traversers fled and transcript of the
record ordered to be sent to the Criminal Court
for Baltimore city.
| SATURDAY, Jan. 10.
John Small vs. VIM. and James Alexander,
bill for an injunction by complainant, landlord,
- =estaain OBSERVATION-DISCLOSURES end selling
| timber from the demised premises; injunction
/ granted. Gerson Rosenstock and Meyor Stein
vs.. David W. Caskey petition by Kugler and
| Burns to be relieved from purchase of property
| sold to them by complainants under mortgage
from respondent, ON the ground of inadequate
title, in that the acknowledgment Of the mort
gage failed to comply with the requirement OF
the code in not stating the exact date on which
it was taken and certified by the magistrate
the acknowledgement reading personally ap-
peared &C., on this day." instead of stating the
particular day of the month, though the en-
tries on the mortage showed that it was drawn
executed and received per record on the same
day; argued and held sub curia. John Merry
ment judgment by default, obtained in De.
cember last, extended ia favor of plaintiff fol
the lands and premises described in the deela
ration, together with eighty-three dollars fol
rent in arrear, with interest from date, snc
costs
MONDAY, Jan. IL.
McGucken, Shower b Co. VS.. The Parktor
and Manchester Railroad Company; action o
covenant for breach of contract. The Parktor
and Manchester Railroad Company was char
tered some years since by the Legislature b
build railroad from Parkton, station on thu
Northern Central railroad, to Manchester. il
Carroll county, distance of fourteen miles
and in 1869 contracted with the PLAINTIFF ano
put in readiness its road for its superstructure
! The agreement contained among others a slip
ulation that the work in certain specified
amounts, according to the square yard ant
square rod based upon the estimate of the com
panys engineer, should be paid for monthly
after the reservation, till the work should b.
finished, of Is per cent. by the company d
cover any loss it might sustain by reason Of tn
plaintiffs default in the premises. Also 10 pc
cent was to be paid in shares Of the COR pany'
stock, and 20 per cent. in its bonds, to be secure
| by first mortgage of its road and rolling stock
thus leaving only So per cent of the MONTH,
dues to be paid in cash, unless in its option tn
company saw fit to pay more. The plaintiff
, held that the defendant failed to pay fully tn
monthly installments down to May, 1871, whel
it informed them that their services were n
longer needed and, in fact, prevented then
from completing their part of the contract
They have brought suit for 10000, and CLAIM
at least $40, O00 to be due them for work actual
ly done. The defendant on the other hand
claims that, deducting the Is per cent. it wa
entitled, under the contract, to reserve unit
the onlpletion of the work. it has paid tn
plaintiffs in cash more than it was bound to do
and also denies hinderng plaintiffs from com
peting their part of the contract, holding tina
they stopped of their own accord Itseems sil
miles of the road was graded at cost of abou
500 600. and about $4,000 paid the plaintiffs il
, cash. This case was tried before a jury ant
lnnSTbbfEi the attention of the Court four days
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