The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1875-10-02
COURT PROCEEDINGS.
BY OUR COURT REPORTER.

BY OUR COURT REPORTER.
We continue this week our summary of
the proceedings of the Circuit Court since the close OF
last report Friday and Saturday last devoted
exclusively to the trial of appeals from the judgments
of Justices of the Peace throughout the county. The
Court crowded is usual these days, and
all parties smiling appearance, these neigh
borhood squabbcs generally have little life in
them, than the weighticr which originate
suit upon the Court dockets first.
The first case called by the Clerk was
that of Joseph Gsler West Carroll and both sides
promptly responded "ready." jury Of twelve men
good and true Crier Brown still calls them, was
obtained, and the trial proceeded This an
appeal from the Judgment of Esquire Abrahams, by
Messrs. W. &C The suit brought to recover some
fifty odd dollars for vanishing done by Giser under
contract sith defendants to grain the woodwork in the
residence of Mr. J. NJ McClenahan in Port Deposit
The defence set up both receipt in full and further
that the job Of granting not completed until var
nshed The plaintiff contcnded that vanishing q
distinct and separate piece OF work. and the defendants
refusing pay hence this action The jury rendered
verdict for the defendants, thus reversing the judy
of the Justice. Constable and Nandiser appeared
defendants.
The next case was that of George w.
Benson John Richards and his securities a Con-
stable in the First District. This appeal from
the judgment of Esquire Howard in the premises. 1t
f.r not any longer suit for hundred
dollars for damages alleged have been sustained by
the plaintiff by the wrongful seizng and selling of
horse of his under execution to satisfy debt he
he all he fbe Con hat
he owned nothing but the horse and it not
worth one hundred dollars claimed exemption. There
considerable contradictory testimony, and their
Honors before whom the tried affirmed the
Judgment of the Justice, which for the defendants
Constable and vandirer for plaintiff IL. Mccullough
for defendants
Several cases were next called, and the
defendants being ready while the plaintiffs failed to ap-
pear either in person by attorney and prosecute
their actions, the judgments reversed without
hearing.
Next, several cases were continued until
the next term, either side the other not being
quite ready for the battle of absent wit
ness, absent client, some other The party
ready, however, generally required pay the costs
of the term, which in several instances will be small
item and will amount perhaps to much, if not more
than they will finally recover.
"Wm. McNamee us. Joshua Foster"
finally called the Clerk after the above had been dis
posed of and both parties being prepared, the usual
twelve were sworn to" true verdict give according
to the evidence" and the matter progressed This
appeal from the judgment of Esquire Brown of this
district and the suit brought to fifty dollars
damages sustained by of the defendant without
leave asking" taking the plaintiffs horse while in
intoxicated condition. and driving him nearly all
night, that the learned counsel for the plaintiff
stated the hair all died him" The jury took his
side of the matter and rendered verdict for tho plain
tiff for the fifty dollars he wanted thus by their decision
sustaining the judgment of the Justice which for
the same amount vandiyer appeared for the plaintiff
and II. Mccullough for the defendant.
The last case was next called, and the
matter in difficulty between Thomas Major plaintiff,
and Vim. Jamison Is defendant was soon in progress
before jury of the land This likewise AN appeal
from Esquire Brown and to obtain sixty dollars
damages which the plaintiff wanted and thought he
ought have for the choppng up of logs by the
defendant under contract between them to get fire
wood As the jury didn't to think by the tes
mony that the logs fit for much else than fire
wood and they had been into that and tho plain
tiff had got his share they couldn't what there
to fight about and rendered verdict for the defendant
accordingly thus reversing the judgment of the Masis
trata. H. Mccullough for plaintiff and Constable and
yandivcr for defendant
This ended the first week s work of the
Court and it then adjourned until Monday morning of
this week.
Promptly to the hour of adjournment,
the Court again assembled and the case of Worth
Miller and wife Smith Kethey, executor of the will
Of William c. kethcy, deceased, having been set for
trial this day, it called and speedily progressed
before jury. 1t was action originating in the
Orphans Court 0. this county and sent to this Court
for trial certain issues in reference to the will of the
deceased which it endeavored to have set aside
the ground of fraud and undue influence in obtaining
the The will loft all the deceaseds property
his the and nothing to his five daughters
the remaining children, by whom the proceeding
aside the will instituted Constable appeared for
the parties contesting the will and Alexander Evans
and II. Mccullough for the After occupying
all day Monday and Tuesday and part of Wednesday
morning, the was given to the jury who rendered
4 verdict sustaining the validity of the will.
The next case was that of Russell Thomas
The Philadelphia. Wilmington Baltimore Railroad
Company, and had been set for trial after the previous
one Archer and J. T. Mccullough, appeared for tho
plaintiff and Alexander Evans and Jones for the Com
pany. This suit brought to damages for
setting fire to and burning up thirty-threc
of woodland North East, belonging to the plaintiff
A jury usual to try the case, and after
occupying their attention until Thursday afternoon,
concluded by verdict for the plaintiff for 1896.
This brings your Reporters account of
the second week to i close except the items which
follow:
Michael Burger, subject previous to this of Kaiser
William, and John Deveney, VIM J. Waid, George
Mackey Patrick Keon and John Kyle, former subjects