Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-29
THE COUBTa.
COURT IN GENERAL TERM.

Z.
The case OF Beall agt. Baltimore and Ohio
railroad was submitted on briefs. Hovey ct
al. agt. Mcdonald ct al; order Diminishing
stricken out and cese reinstated.
A BANKRUPT CASE.
Judge Macarthur delivered the opinion of
the court in the case Of Moritz Augenstein
alleged bankrupt, reversing the decision be-
low. In this case, after the order for the dis
charge of the bankrupt had been entered a
creditor came in and petitioned for the re-
versa yer OF tne order on me ground of fraud,
was made setting aside the order of dis
charge. The court sustained this decision,
butsubsequently. In the proceedings. another
appeal was made from a decree, and the court
reverses the last order on the ground of want
of proper notice. Judge Humphreys dis
scented, holding that the DEGREES were prena-
turely made.
A DIVORCE CASE
IN tne case OF Town agt. Town, divorce case,
IN which cruelty was charged by the wife,
who obtained the divorce, Judge Macarthur
announced that the decision of the court was
that the decree giving the custody OF the two
children to complainant should ne modified
SO as 10 give the boy into the custody of the
father. and the amount Of alimOny be re-
duced to s25 per month.
TAX CASE.
In the case of Downing agt corporation of
washington, Judge Macarthur delivered
the opinion of the court. In this case the
char ge was made that the tax i'm posed was
ille2 al, and the court said the mere averment
OF SUCH was not sufficient for the iaterpo-
siton of equity. The decree below dismiss
log the Oil was affirmed.
RAILROAD CASE.
Ihe opinion OF the court ia the case of Jas.
III. Grant against the Baltimore and PotO-
mac Railroad Company was delivered by
Judge Macarthur. In this case the plaintiff
attempted TO cross train at MarJ land ave-
me, and IL was claimed that while getting
over the cars the train started without no.
tice, his foot was caught between the "buIl
noses" and the amputation of two toes
made necessary. On the trial below testi-
Rouy was offered as to the custom of the
railroad in occupying Maryland avenue and
ia allowing persons TO cross. The court held
that TO passengers the railroads should ever
else the greatest care, and to strau gers ordi
nary care. They should, when moving
through city, especially give signal when
about TO move, and that the court below in
giving an instruction on that subject was
correct IL was claimed that Congress gave
them the right To use these streets, but Con-
gress would not relieve them o. ordinary
care. II was claimed that plaintiff was ont
OF ms place-a trespasser-but the instruc-
lions guarded this point 1t was in proof
that this train occupied the avenue lying
across street for twenty minutes; that the
avenue was impossible. and if 10 was true
mat the company had been in the habit of
allowing persons to cross the train then this
party could not be called a trespasser. The
court held that the instructions below were
correct and affirmed the judgment below,
MARRIED wONEHS PROPERTY RIGHTS
Judge Macarthur, also, in the case O {
Louise NJ. Smith agt. j. Harry Thompson,
delivered the opinion OF the court IN this
case Moses Kelly held certain property in
trust for Mrs. Thompson and she died in
49, having made, in January, 1871, a will,
IN which the property is charged with GER
tian requests and the lot in question having
been sold the bill is brought to quiet title.
The court held that married woman may
hold and dispose of her separate estate &c a
femme sole unless restrained by the terms of
the instrument. In this case the only re-
strlct1on is that the trustee should ioin in the
deed. The conveyance by her was valid in
tEe opinion OF the court, but if they were
mistaken then Mrs. Thompson had full
power under the married women'S act. The
court reversed the decree and ii was an
nOunced as Mrs. Smith had in good faith
purchased portion OF the property, that the
requests should be charged On,that portion
neld by MIR. Thompson, which was amply
Judge Wylie dissented from the doctrines
Enumerated. The vile had no testameutary
capacity at the time the will was made, and
under the terms OF the deed she could only
part with her property I'm accordance with
such terms. He thought most of the an
thOrities in this country if weighed were
against the doctrines enunciated.
OTHER CASES.
In the case of Carter agt. Lloyd ct al.
Judge Humphreys delivered the opinion of
lhe court. This was a case in the Circuit
Court, II which a judgment by default was
taken, and subsequently, the sureties of Mr.
Lloyd came In and moved 10 set aside the
judgment. The court refused to grant the
motion, and an appeal was taken. This court
held that there was no error shown, and af-
hrmed the judgment below.
III case OF LlnVllle dgt. Holden ct nj.
Judge humphreys announced that because
OF divided court the judgment below was
afilrmed. Mr.. Mattingly filed motion for
rehearing before full bench.
Judge Wylie, for Judge Cartier announced
Rctoick, was affirmed.
Shoemaker agt District of Columbia: re-
manded TO the court below, with leave TO
complainant to amend bill. Van Zandt agt,
magnetic Gas Lighting Company; decision
below afhrmed. Amber agt. Whipple; con-
nd o. rrr,a
senting.
TIE MONTANA WAR CLAIM CASE, ETC.
Judge WyIe delivered the opinion OF the
court in the case of Weed and Clarke against
L. NJ. Black. This is the Montana war claim
case, in which defendant made a contract
win plalntifs 10 prosecute certain war
Claims incurred by Montana, and in the
court below judgment was given. Tne
court holds with the Supreme Court of the
united states that all contracts for prOcur-
ing legislation are void, and set aside the
Judgment below.
Judge wylie also delivered the opinion of
Inc court IN the case OF Brick, executor, agt.
BrlcA. In this case the ownership OF go
shares OF gas light stock is involved. The
court affirmed the decision below, and an
appeal was taken.
In the case of Pendleton agt. Parker, Judge
Wylte delivered the opinion of the Court
Affirming the decree below. An appeal was
Shafer agt Leonard. Judge wylie deIiv-
cred the opinion of the Court. This was an
action brought by plaintiff for work done on
DEFENDANTS house under a contract with de-
fendant's husband. The case went to a ref
cree and an award having been made iudg-
ment was obtained. The Court affirmed the
judgment below.
ADMISSIONS TO THE BAR
The following were admitted To the bar
X Z. Cady, OF y. Y, and A. NJ. Leonard OF
KY, on motion of Mr. Riddle; J. Parker Jor-
dan, OF n. c., on motion of Judge Moore:
Joshua Sharp, of Pa, on motion of Mr. Hen.
kle; and James IL. Cassin, of Va. on motion
OF Nj. Bradley. On motion OF Mr. Horner,
the application of John X. Bennett, and on
motion OF Mr.. TOtten, the application OF F.
T. Browning were referred to the committee
on admissions to the bar.
Adjourned TO Saturday next at II O'Clock
CRIMINAL CoURT-J,aIge Ola
On Saturday Andrew Ashton, burglary:
not guilty.
To-day, Lawrence Bird, assault and bat
terry with intent to kill and robbery of John
&. Ping1e, was placed on trial. and at n
O'Clock the case was adjourned until ?
CIRCUIT COURT-Jtudge CrrLter
To-day the case OF Bird & Co. agt. Jessup,
wasTesumed.
POLICE CoURT-Jtld0e ShsR.
To-day, Henry TaliferO was charged with
the larceny of some cheese from front of the
store OF T: l.. Hume. on Market Space, Sat
-