Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-01
Thg COURTS.

Yesterday Smith agt; Rainey; argued by Nat;
tingly for Rainey and Kent for Smith, and bill
This morning-Chief Justice Cartier and
Judges Wylie, Cox and James-District agt. Col
Inns; motion to quash denied-opinion by Judge
James Fairfax agt Evans; decree below =, a #
agt Hebron; decision allowing IS per cent. OF
the recovery by BARLEY and Casey.
LIFE INSURANCE CASE.
Schopp agt- Metropolitan Life Insurance COM
Participation qy Judge Cox sustaining judy
ment below refusing new trial. This was an
action to recover 81 900 insured on the life of
the court decided that the company in receiving
payments after the party was in default waived
the default.
SCHOOL TRUSTEE QUo wARRANT0 CASE.
United States eX-relatiOne, B. p. Davis agt.
W. J. Rhees, duplication for quo warranto.)
opinion by Judge Wylie refusing petition. In
this case was involved the right of the Commits
sioners to remove the petitioner as trustee Of
the public schools, and the court held that the
power exercised by the Commissioners was con-
ferred by the act OF 1874 and they had the power
to exercise it without any f0rmality.
MECHANICS LIEN.
Bride agt. Wright, opinion by Judge Wyle
sustaining complainant. This was an action to
ecover under mechanics lien, in which de-
endant put in counter claihl that the wall OF
his house fell because Of the unskillful manner
the work was done. The court held that there
was no such loss as claimed by defendent; that
the falling Of the wall was the fault Of the
oWner, it not having been built On secure
loundation, and directed that the decree below
be corrected to allow plaintiff S4s7.sO, which
with credits reduce the amount to S346. 80, and
Withdrawing permission to defendant to sue for
damages.
DIVORCE CASE.
John Casey agt Florence Casey-bill for d.
vorce on the ground Of cruel treatment and bad
conduct by the wife-opinion by Chief Justice
decree from bed and board. The Chief Justice
said that this was case In which the conduct
Of both parties was disgrace to civilization;
that no one who had any respect for themselves
or the community could be found who would
repeat by quotation even the epithetS that this
husband and wife were in the habit of using
daily. There was no doubt but that the wife was
in the habit OF carrying pistol, and from sub
sequent events they had no doubt but that the
man ought to have been shot. They were
neither fit to live together, nor to live with any
one else, and the court had come to the conclu-
sion that although it is not asked they would
place them so that they could pot marry Others,
and would direct decree from bed and board.
They were more concerned as to. the three
children, as to how to provide for them before
they are further contaminated by the presence
Of those who begot them. The parents ought
to be separated and they would separate them
but not from the bonds Of matrimony, but from
bed and board, and would remand the case to
inquire as to the condition Of the children and
the property, for it was only the children the
court had any sympathy with
Blunt agt Hart-Opinton by Chief Justice
Cartier overruling demurrer.
yes eReU1T e eouEE o sfs qe
Withdrawn and judgment by default for 5000.
Lewis, trustee, agt. Jeffr1es & Kilbourn; settled
Mevary agt: Fitzgerald; Tippets,, executor, agt.
Bryan; and Costello agt Qufgley; non suits.
Grigsby agt: Coleman; certiorari qlashed. Cor
man agt Maryman; same: Thompson agt
ment by default. Waggaman agt Clabaugh
Judgment for plaintiff for s75 and costs. Clark
agt: lockwood; Judgment for plaintiff for $3.50.
iIr6rr
and costs. Adjourned till Monday.
CIRCUIT COURT (No. 2.)-.J,tdge Cor.
q. 9er ag walsh verdict for
trial commenced. Adjourned till Monday.
CRIMINAL COURT-Jttdge Hng,oer.
Yesterday, James Adams found guilty of
petit larceny, second offence, and sentenced to
three years in the penitentiaTy.
To-day, Edward Green alias John Smith, con-
v1cted Of the larceny of boat, was senteced to
two years and six months at Albany. The mo-
ton for new trial in the case of Edward Peck
for second offence of petit larceny, was with
drawn, and he was sentenced to one year in the
penitentiary. John Stewart and Andrew Lewis,
charged with conspiracy, were brought in on
bench warrants and gave bail. Carey Groves
convicted of assault with intent to commit
rape, was sentenced to one year and six months
at Albany. Henry L. Brown, convicted OF for
gerry; motion for new trial overruled and SEN
fenced to one year and ten months at Albany.
Adjourned to Monday.
EQUITY COURT7JuuDe MGcATNHuT.
Yesterday, Douglas agt. Clark; referred to au-
ditor: McMullin agt. McMullin; submitted on
proofs. Caben agt CabelI; do. Shepherd agt.
F. s. & T. Co.; testimony ordered taken by E.
CaruS1.
POLICE CoURT-Jid0e Shell.
To-day, Noble Rush. contempt of court; $40 or
20 days. Charles Hoog, throwing stones; IS or 10
days. Peter Come, carrying concealed wea-
pons; $50 or 70 days. John brown, disturbing
The quiet of Georgetown; S. or Is days. Paul
Fits Fttzsfmmons yagrancy; bonds or 80 days Ellen
Ross, do; bonds or 80 davs. Robert Beall, as
sault on Patrick Henry; personal bonds to keep
the peace. Patrick Henry, assault on Robert
Beal1; personal bonds to keep the peace. John
Dempey, larceny of $40 from George Allen; resti-
tuition to the amount OF $40 and months, and
n default Of restitution 30 in addition. Christie
pher Cohen, assault on George Hilton; s. or Is
days Edward Jones, assault on VIM. Chandler
SO or 80 days.
THE UNWILLING OF THE THOMAS STATUTE.-The
finance committee to prepare for the entertain
ment of the Army OF the Cumberland on the
occasion OF their visit here for the purpose Of
unwilling the Thomas statute, on the 10th inst,
met last night, and encouraging reports were
received from the members. Mr.. John w.
Thompson and Captain L. L. Blake have each
rendered a steamer for trip on the river.