Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-01-27
LOCAL NEWS

A. INTERESTING DEeAoio-'' -
,a synopsis of the opinion OF the Court OF
10" Of Virginia iu the case OF the Great
ApPeSW Manufacturing Company against Henry
atm a ~" was au action of covenant brought
l III. Circuit Court Of Fairfax county oy Hen-
10 'ue ,Impi,trator against the Great rams
y .anv 10 recover the sum OF two thouSaud
IG aDl. alleged TO be due from the Company
e eo" bnsrling its laborerS, &C.
"' !, tbc term of the Court at which the case
-,. n be tried the Company, by ITS counsel,
n"rasrpted bill praying 40 INDUCTION TO pro-
apssd;pgs at law, on the ground that the de-
ssn,e 10 the plaintiffs demand Was an equIta-
he defence and could not be made at law. The
;,;,rc,ou was granted on condition OF confess
l;1u If ;ndsment BY defendant Subsequently,
,hs nlalntiti, in vacation, moved to dissolve
.bs ;niunc.iou for want of equity 10 the bill,
anI he Judge sustained the motion ADD dis.
solved the iruncton Internationally.
Ar the following term of The Court the de-
f.nd,nt moved to set aside the order of disso-
Ltiop, or 10 make it conditional upon the
naintitf's agreeing to set aside The Confession
RI iudymcnt, and to permit the action at law
70 be redocketed and tried This the Court re-
tusrd 10 do. aud to the order OF refusal the de-
fendant obtained supcrsedeas.
The case was submitted to the Court OF Ap
reals, on printed arguments, by ): /. Beach
for appellants, aud Claus hton aud Walker Tor
anprlres, and Cd the 7th instant the Court de-
Gyered its opinion reversing the decision ot the
Circuit Court, holding that Henry's admins
traitor should have been required 10 withdraw
his Judgment at law, 70 relnsate the cause on
the docket and TO submit to trial thereof GU
the merits
The Court OF Apneals sums up the errors in
the decision of the Circuit Court as follows:
I'VE are of opinion that the Circuit Court
erred
II. In taking jurisdiction Of the case at all.
The fence set Gp was purely legs! defence
and the Circuit Court had no authority eltCc or
to awsrd the itjanctl.'n 2rto requrs The defend
ant ut law 10 Mess Judgment The injunction
should have been simply denied, leaving the
legal proceedings ints'.t
-. Having taken jHrlsd; ton the Court err d
in recurring = confession o. judgment either
conditional or unconditional 1t IS not case
in which the defendant ut law coat safely con-
fess Judgment. and different kind OF protec-
ton should have been secured to the plaintiff at
law ;.
't3 The Circuit Court erred in dissolving the
Injunction with Ut requiring a. . condition
thereof that tho Judgment u. law should % set
aside s1d the reopened for trial On IT.:
merits
RIVER NEws.-At two o'clock this after
noon the ice opposite this city, which owing to
the late comparatively mild weather had been
softeued considerably; commenced to move
Slowly down the river with the ebo tue, aud
frOm present appearances not many DAYS Will
eapse before navigation will be entirely open.
About the same hour the New York steamer
f. G. Knight which had been detained at
Quantico for s1me time past, and the tug
boats Mary Lewis and Smith Petty, with a
tow of four oyster boats, arrived. The Knight
reports leaving the schooner Vaudusan aud one
or Two small vessels in Qaanlco. There is no
ice to obstruct even sailing vessels below the
White House, but at that point there is an
ice jam OF considerable thickness, having got
ten through which, she entered the track made
by the steamer Lady Of the L Ike, which left
here Yesterday afternoon Tor Norfolk, and ex.
periencel no further difficulty on her way up tc
this port. She will proceed 10 Georgetown
tomorrow. Two OF the oyster boats remained
here; the other two were towed TO Washing
ton.
SHIP YARD. The ship yard Of the Alcxan.
dria Marine Railway Company now presents a
lively appearance. The steamer keyport is
on the new ways, aud the steamer Virginia on
the old ones 4 new steam tug Is belUg built
for Capt Matt kerScy; the tug Susie Molcy-
ueaux is being rebuilt, and the tug Gov. Cur
tin is being repaired and havlGg new pilot
house put on her. Work upon all Of these
steamers is 10 active progress, large numbers
of caukerS aud carpenters hniiDg employment
there, and, 10 addition, numerous machlDlSts
who are engaged 10 ovcrhauliug and repairing
the OLD, aud III adjusting the new machinery OF
the toys aud steamers mentioned. AS soon as
the Keyport is launched, the coaster 5. 5.
Tyler wall take her place on the ways. The
difficulty that existed with sumo OF the em-
puyees 10 regard to the number of working
hours has been settled, they all. with probably
two or three exceptions, having agreed to the
company's rules ten hours day.
ADJUSTMENT OF THE BOARD OF PUBLIC
WoRKs-As will be seen by reference to
another column lc to-day Giz:tte, the bill for
the abollshmeut Of the Is Jard of Public Works
has passed both branches OF the City Council
and beeu approved by the Mayor, and having
become law, that B ,ard will cease to exist GU
the first day OF February The Board has beeu
III existence but short time, aud though 1t
has not done much, what 1t has accomplished
has been as much could reasonably have
teen expected, considering the limited amcuut
Of money it has had at IT'S disposal-ts chief
monument being Dorth Columbus street. Its
members, unlike those Of the ashlugton
Beard, retire TO private life no richer than
When they entered the city 5 service, and with
the Increased respect Of their fellow cllzeus
STABBlNG AFFAIR. Charles w. Russell
stabbed aud severely woupde NJ. VIM. kyth,
OF Waterford, On Thursday ught last. Rus.
sell, it is said, was drunk and had gone to