The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-03-29
Circuit Court Minutes.
Continued from last Week.

and G.. c. Sturgiss, his security on q
certain bond, in penalty binding
said Jolliff to open certain road
This case was first brought In the
County Court and removed to the
Circuit Court. The defendants de-
nnurred to the declaration, which de-
murrer was argued, when the court
sustained the demurrer, saying that
the declaration was not sufficient in
law for the plaintiffs to have and sus-
tain its action, dismissed the case
and gave judgment against the coun-
~ for the costs.
John w. Mccoy, of Fairmout, aud
Clarence b. Ollie, of Morgantown,
took the attorneys oath and were
and are now permitted to practice in
this court.
Ephraim Whitman v Moses Stro-
snider. An action of assumpsit.-
The defendant filed his pleas of de-
fence, with leave to file his account
within 60 days.
Mackey for use of Jarrett v G. w.
Finnell, Sr.'s admir-. Acton of AS
sum psit for doctor bill" Pleas OF
non-assumpsit and payment, with
notice of set-oti and issue.
Joseph Jenkins, on the second in
dictmcnt againt him for stealing this
term, was brought out Of Jail, and
placed at the bar of the court, when
he pleaded guilty, admitted that he
was heretofore sentenced by the
court for a like offence of petit larce-
ny, and had served a term in JAIL
The Prosecuting Attorney desiring
to Use the prisoner as witness
against some other offenders, he was
(the prisoner, not the Prosecuting
Attorney remanded to Jail to await
the giving Of this testimony before
he can be sentenced to the penitcntia-
ry.
John @. Sadler and wife v Michael
Farrell and others. 1t seems that
Joshua Ruble was an unmarried
man possessed of considerable estate,
and died short time ago after devils
ing the bulk of the property to John
q. Sadler and wife, who Is sister of
Ruble, and the other brothers and
sisters, being dissatisfied, they, with
Michael Farrell, who had married
another sister, brought suit in chan
Gerry to set aside the will, and the
judge had ordered Il jury to test the
will, which had been offered for pro-
bate some time previously before the
County Court. The following jury
were selected to try the issue: Will
liam UT, ]. S, Tough, Ambrose
Waters. Enoch Grubb, Thomas War
man, u. J. Courtney, w. +. Rich
ardson. JOS. Pomery, j. Il. Everly.
Presley Shriver. Milton ArmmeEs,
and Edgar Tough, and having heard
the evidence were adjourned till
Friday.
FRIDAY, MARCH 2lsT.
Lewis Il. btentz v Jacob j. John
sons h lm'r. Case and attachment.
BY consent this cause was dismissed,
ngre' Il.
The day was occupied in hearin g
the evidence in the Ruble will case,
and in the evening it was announced
by the attorneys that the evidence
WAS closed.
SATURDAY. MARCH 22ND.
Ulysses N. Arne.t, Prosecuting At
torney of Marion county, appeared
in court and took the attorneys oath.
Sheriff Hackney was appointed
administrator of Philip Lowe, Jr.
Rev. Chas, S. Harrison, Of the M.
K. church, was authorized to marry
people. Bond 81 $50. J. S. Lazzell
and Samuel Hackney, sureties.
To-day was principally spent in
the arfiument Of the Ruble will case.
Mr.. Hough opened the case for Sad
Ter and wife the proponents of the
will; Messrs. Wiley and Hagans re-
piled for fine defendants, and MIR,
Keck closed for the proponents.
The arguments were concluded about
4 O'Clock in the evening, when the
jury retired, and a fter brief consul
tation, returned into court and rem
dered a verdict that the will "is
the true last will and testament of
Joshua Ruble, decd" And the
court adjourned till Monday morn
:3..
MONDAY, MARCH 24TH.
John (;aInbliss v I.B. Santee & Co.,
ct FL. Debt. Sundry pleas filed by
defendants. AMI issue made up.
Merchants National Bank v Chad
wick and lIoff.ntn. Debt. Demur-
rer 10 declaration Ovcr-ruled, and is
sue made up,
S. Hackney, sheriff. was appointed
administrator of Zilpha Larue, on
motion Of l.. s. H"ugh.
Perry llennen Morga
Dank. Case continued till next term
at plaintiffs cost.
Richard Johnson Thos. A. Hal