Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-01-17
COURT.

Court met this morning after the holi-
day vacation and opinions were delivered
as follows:
by Livingston, P.J.
Exception to taxation of costs in Harmon
Il Co. VS.. Malone, Painter & Co.: sus-
tanned.
Berner VS.. Dunlap. Rule to strike off
non suit discharged.
Bair VS.. Rohrer. Rule upon plaintiff to
pay costs, because of tender of full amount
recovered; defendant ordered to pay all
costs previous to trial when the first legal
tender was made plaintiff to pay costs
after Dec. 1, 1879.
JnO. j. Miller and wife's assigned estate;
auditors report referred back to auditor
to take into consideration the bond of in
demnity given to Jacob Griel.
Fred. Illness estate. Rule upon local
guardian to pay over distributed s share
to guardian appointed in Ohio; made alb
solute and guardian directed to pay over
by third Monday in April.
John l.. Polk, decd, estate. Rule to set
aside sale ; discharged.
Anderson VS.. Philadelphia and Reading
railroad company. Rule for new trial
discharged.
James Leece and wife, assigned estate :;
Exceptions to fee of assignee and counsel :;
fees fixed at s4O0 for counsel and s2S5 for
assignee and increasing fund for distribu-
tion by 5000 to be awarded to lien credi-
tors; report otherwise corrected and af-
firmed.
CT. Binkley and wife's assigned estate.
Exceptions to auditors report overruled.
Jacob Meishy's trust estate, lunatic
petition to have report OF auditor recon-
mitted to hear trustees testimony grant
ed.
James Armstrong, decd. Supplement-
ary report of auditor confirmed excep-
tions dismissed.
Michael Seolrs estate. Exceptions to
auditors report sustained so far as shares
of distributes were awarded to adminis-
traitor in trust otherwise confirmed
Michael McGrann, decd. Exceptions
to auditors report; Overruled and report
confirmed.
Columbia boro. VS.. Columbia water COM
pany. Bill in equity and demurrer de-
murrer sustained.
Elizabeth Roger, decd. Exceptions to
auditors report ; oycrrulcd and report
confirmed.
Harris's use VS.. Johns. Rule to open
judgment discharged.
Shreiner's estate. Exceptions to audi
tors report overruled and report con-
firmed.
Ada Brown VS.. Levi X. Brown. Appeal
from taxation of costs refused to witnesses
after notice not to attend. Appeal sus-
tanned and witness fees allowed and mile
age ordered to be set out in detail.
Samuel Neff, deed. Rule upon excc,,-
tor to set aside widows $500; made alb
sOlute
Road in Pequea township. Report of
viewers adopted.
Jacob Hoilinger, decd. Two differing
auditors reports presented as to the ques-
tion to whom the fourth of widows dover
it to be paid report confirmed which
aw ards said amount to Jacob HOllingcr.
by Patterson j.
Daniel w. Croft, VS.. c. S. MussIeman
and John Roland. Rule for new trial ;
discharged.
Mrs. Mary 7. Hester VS.. Kirk Brown.
Certiorari sustained and proceedings set
aside for informality of record.
Hogentobler VS.. Edgerly. Case stated,
to determine whether the register Of Lam
caster county can exact q fee of 81 for
copy of executors account certified to
orphans court. Judgment for plaintiff,
court deciding that register is not en:i-
tied to 81 fee.
Christian Shenk VS.. c. p. Williams.
Rule for new trial. Discharged
Mary Ann Eckman, lunatic. Rule for
attachment OH trustee, Hiram HOrting.
Made absolute and attachment ordered to
issue.
George W. Rinehart VS.. Chester county
Mutual fire insurance company. Rule to
set aside writ of service. Made absolute
and service set aside as "nOt gOod.''
Henry Zimmerman's estate. Rule to
recOmmit auditors report, made absolute.
At Last.
Seventh ward election case. After briefly
reciting the facts as our readers are
are familiar with them and the pleadings
in the case, the court decided first that re-
.jected votes could not be counted even if
their validity were established then re-
viewing the testimony the court said that
rs to the opening of the ballot box it was
of the opinion that the statutory provisions
must be strictly followed, and they gave
the court plenary power to open the ballot
box if, By that alone, the merits of the case
could be determined; but lower courts
had held that such an order should not
issue until it was shown by the evidence
that the result would thereby be changed.
AS to the charge of an incorrect count
it could hardly be sustained without re-
count. The point raised by Mr.. Stein
metz, that persons whose names are not
on the registry must make and furnish to
the election officers full legal and formal
proof, by certificate, of their residence is
fully sustained As to the validity of
taxes paid in due time in the name of the
voter by committees or other persons than
the voters, the court holds that the
payment of a tax for 4 voter by another
and receipt taken in his name are cer-
tainly lawful, and can be ratified at any
time afterwards Judge Livingston non
concurs) "a stranger cannot object that an