The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1879-01-21
LReportea 1r clas. u Smaen. Ksa.l


Court Proceedings Second Week. In
order to facilitate the work of the Court
and clear up the list of cases that were
ready for trial, Judge Junkln directed
that second week of Court following
the regular January Term should be
held, and accordingly panel of Jurors
was drawn for that purpose, twenty
eight of whom were In attendance. Suit
ors often complain that their cases are
not disposed of with more dispatch. They
sometimes imagine the Court to be
sort Of threshing machine, into which
they can tumble their complaint at one
end and take away at the other the
wheat of their case, separated from the
chaF of controversy; wheareas 1t Is
more like mill where each grist is
ground In its turn, or In other words,
cases are disposed of according to their
priority, the oldest always having prece-
dence over the younger. In our county
the records are so well cleared up that
no party bringing a suit is delayed
longer than two terms, or about six
months by reason of unfinished busi-
ness, condition of affairs that Is much
more desirable than that of many other
counties in the Commonwealth.
At this special term, on Monday p.
M, the cases of Z. X. Brandt for use of
q. Gary Tharp VS.. M & t. Miller, Theo.
Miller, Jr. and Philip Peters, and same
vs. nj. Il Il. Miller, Michael Miller, John
Patterson and Philip Peters, were irst
called and both cases were tried before
the same jury. There were originally
Judgment notes entered of record in the
manner above stated, which upon the
application of defendants were opened
and they let into Il defense. The Mil
lers were indebted to the Peoples Bank
of Newport, of which p. X. Brandt Is
cashier in several notes amounting in
the aggregate to $1,000, aud upon GER
tain of these notes this co. defendants in
these suits were endOrsers. At one
time they gave a judgment note for
$500 for collateral security for certain
part of their Indebtedness as they al
legged. When the $500 secured by the
judgment was realized from the real es-
tate they contended it should have been
applied by they Bank in such n manner
as would have relieved their co defend
ants, but the Bank claimed that the $500
collateral judgment was general in its
character. and that they had the right
to apply 1t as they pleased, and accord
ingly they did apply it to the Miller in
debtedness, but in such way that it
furnished no relief to their co. defendants.
The defense was that they judgments
were paid as above stated Verdict in
both cases for defendants
4 Nathan Dorman VS.. John Hammaker
administrator of the estate of Mary
Hammaker, deceased. This was an
action brought by Pfi, to recover $500,
for maintaining the old lady Mrs. Ham
maker during the last three years of her
life. The husband of Mrs. Hammaker
died some years since, having first made
his will by which he devised little
farm to his widow. The widow lived
upon the land with his daughter, when
Nathan some years since came that way
and seeing that it was a gO0dly heritage
he concluded to abide with them. He
continued to cohabit and propagate with
cOmmendable industry until the death
of the old lady when he made his claim
as above stated. The plffs. contended
that the mistake in NathaDs statement
was that the old lady kept him instead
of him being her keeper. The jury
awarded him one per cent. of his de-
maDd, that Is to say they gave him a
verdict for So. Mcintire for plff.-Mc-
Allister and Sponser for deft.
4 The National Organ Company VS.. w.
w. Farnsworth was an action by plfts.
to establish their title to an organ which
had at one time been in deft. possession.
Delft. was selling organs for the company
who saw proper TO close out business
with him. At this time he retained
possession of an organ which he refused
to deliver up until Sheriff Gray took
possession of it by virtue of writ of
Replevin and this action was for the
purpose of vesting the instrument by
due process of law in plfis. BY consent
of deft's counsel on motion in open
court Judgment for plfi. for six cents
damages. = McIntire d Smiley for
plfts.-Potter for deft.
All of the other cases on the list were
either settled by the parties or continued
by consent.
MISCELLANEOUS.
In the attachment sur libel on canal
boat, j. B. Hartzell, % decree of Court
was made, authorizing the sale of the
boat for the purpose of raising the sum
of $144 for w. II. S. Cook & CO., the
libellant, &c. This was part of the pro-
ceedings in connection with the boat re-
ferred to last week
Proceeds of sale of real estate of
Michael Hartzell, ruled into Court for
appropriation.
Order of sale granted to VIM. Grier,
Assignee of Edward e. Clark, to sell
tracts of land in Centre twp, Perry
county, Pa.
John McKinzie, VIM. Mckee, A. p.
Nickal, Robert III. Nelson, John HI.
/. a a