The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1878-09-17

lnsC., anu tne IollOWlnB proceedings were
had:
Tuesday, September 10th, was the regular
September Term of the Orphans and Argu-
ment Courts. In addition to the business In
cdent TO this particular term, a jury which
had been selected ut the August Court to try
the case of Francis Gibson VS.. ID. M. Rne-
smith, were all In attendance and after being
called and sworn, took their seats with calm
dellberatlon to hear the tedious, though not
voluminous evidence which was to be produe-
ed. The action arose out of the following
circumstances In the spring of the year,
1873, D. M. Rlnesmith, who was then the
Sheriff of Perry county, purchased q farm Of
Frank Gibson In Spring twp, and In the sue
ceedlng month of August he also purchased
tract of woodland, the consideration for both
being the sum of S7,770. No article of agree
ment or other instrument of writing except the
deed OF conveyance passed between the par
\ ties, the understanding and agreement being
that the purchase-money should be applied to
the eXtinguishment of liens that then existed
upon the said real estate. Certain of these
liens never having been satisfied Gibson COM
planned that the verbal contract had not been
carried out, while Rinesmith alleged that the
money had been paid, but the proper credits
had not been given nor satisfaction entered
as 1t should have been done. This involved
the evidence of counsel for certain of the lien
of creditors and gave the testimony very
contradictory character. After the elaborate
arguments of the counsel, the case closed on
Wednesday evening. On Thursday morning
instead of charging the jury Judge Junkin in
structed them that owing to the peculiar turn
the case had taken, the standing of certain
judgments in favor of the Perry County Bank,
in which he was an interested party, would be
affected and judicial rectitude, forbade him
instructing the jury upon question in which
he had an interest, however, remote. Accord
ingly he directed juror to be withdrawn and
the case dismissed. In Justice to Judge jun
kin 1t should be said that he objected to trying
the case and endeavored to procure another
judge for the purpose, but upon the failure to
secure one, at the request Of both sides repre-
senting the difficulty to be probably only one
of law, he agreed to hear the case, and when
the appearance of individual interest was man
ifested by the testimony, although both parties
had implicit faith in his holding the scales of
justice even, yet he would not do judicial act
that might sustain taint of suspicion.
ARGUMENT LIST.
The first cases taken up were batch of
forty-three Certloraris which removed the pro-
ceedngs of as many cases from the Docket of
W. W. Farnsworth, Esq. The def'ts were all
employees of the r. r. Company and were ar
rested for a violation of the Sabbath by doing
worldly employment for the Company. The
record of the Justice was defective and for this
reason the cases were all reversed.
s. e. Seller, Administrator of r. H. Seller,
uSC us3 Nbs SulOlluO hupp Wuo u hulO w SuOW
cause why Judgment should not be opened
on the grounds of Coverture, def't having been
married woman at the time the judgment
was given. Rule made absolute.
Daniel Rife VS.. Geo. w. Crossley was Rule
to show cause why a foreign attachment should
not be quashed. Deft. removed from this State
to Kansas, leaving a claim due him for labor in
this county upon which pl'ff issued Foreign
Attachment on the grounds that now being @
resident of different State, the law of Penn
sylvania securing wages of labor from Attach
ment could not apply to him. Argued and
held under advsement. ~
7. P. Devor VS.. Geo. D. Robinson was Rule
to show cause why stay of execution taken
by the deft't. upon judgment recovered on q
recognzance in the Orphans Court should not
be dissolved. Argued and the stay of execu-
tion dissolved.
Schwartz and Mansbach VS.. VIM. Kepner
was case in which an execution was issued
by PIN. upon a judgment against the def't.,
and the whole fund raised by the Sheriff was
claimed by the landlord, Edward Harper, for
rent. After argument the money raised upon
the execution was directed to be applied to the
payment Of rent due the landlord.
The last case argued was the rule upon the
Officers of the Marysville Building Associa-
tion to show cause why peremptory manda-
mus should not issue compelling them to affix
the seal of the Corporation to a petition of GER
tain stockholders asking the Court for decree
was prepared by majority of meeting of
the stockholders, but the officers who opposed
dissolution refused to aflix the seal as requir-
ed by Act of Assembly, and the object of the
writ of mandamus was to compel them to obey
the will of the majority. Argued and held
over by the Court.
MI sCELLANEoUs BUSINESS IN COMMON PLEAS.
An issue was awarded to try the title to GER
tain personal property claimed by Catharine,
Mary and Elizabeth Miller, levied upon by
the Sheriff as the property of NJ. & T. Miller
at the instance of j. II. Irvine, Cashier of
Newport Deposit Bank.
Another one was also awarded to try the
title of a canal boat claimed by Jno. Hartzell,
levied upon as the property NJ. Hartzell, at the
instance of j. Rinehart. rfr.t-- ....
A decree in divorce in the case of Charlotte
Whitmire VS.. Jacob Whitmire was granted
with an allowance of $40 for alimony.
Bond of Geo. Hoobagh, Committee of Eliz-
abeth Albert, approved.
Bond of Jno. s. Weaver, Assignee of John
Harold, approved.
Bond of Jacob Blxler and Geo. l.. Ickes, AS
signees of Jno. Bixler, approved.
Report of Chas. A. Barnett, Auditor appointed
to ascertain preferred labor claims in assigned
estate of Israel Lupfer, filed and approved nj 81.
Rule granted on Benj Mfnich Assignee of
Samuel Minich to show cause why an attach
ment should not issue compelling him to pay
prorata share of II. d. Koppenheiffer.
Jno. Richey, Assignee of Jas. p. Donley,
was discharged upon his own petition.
Inquisition declaring Margaret Rhoads a
Lunatic was confirmed and John Holman APP
pointed her committee.
A decree of sale of the Bolinger property at
Millerstown upon which proceeding in parti-
tion was held, was granted.
Alias order of sale to sell real estate award
ed to Geo. II. Martin, Assignee of Eph. Nc
Laughlin.