Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-05-22
ANOvEL swIypLE.
A Baltimore LAwyer's scheme
to Ma . Fortune s.A Dssak
an Estate. ttf

BALrrxoRE, May 2l.-The comment
oocasioned in legal and judicial circles
in this State BY the opent,ons q DR..
hollison Wagner, in the Circuit Court
oil Frederick county, who brought thous-
ands Of suits against stranseW without
cause, and Who was afterSsrd indictsd
and acquitted Of barratry on technical
grounds, has revived BY the'opeationsof OF
the lawyer in question awnmins q new
and decidedly novel aspect. Several
years ago DIR. Wagner brought bstvssn
one and two thousand suits against
different parties, in amounts rang.
ing from Se0 to $9s, when in fact he bad
no bona 6de case OF action. lust keeping
within the jurisdiction OF = Justice OF
the Peace. These persons, supposins
Wagner to be laboring uuier some do
lusion, paid no attention TO the sum.
mouses, and judgment vent against
them by default. The time in which IN
appeal could be taken being exhausted,
DR.. Wagner declared his intention oil
having levies made under hi, judgments.
This aroused the defendants, and they
had him indictel for bsnstry, upon
which charge he Was tried and cQuitted.
With the dismissal Of the charge. upon
what was accepted by all a purely
technical grounds il was supposed that
Wagner would quietly drop out al sight
and that nothing further would be heard
from him and his suits. Yeats, day,
however. to the great as,oaishment OF
the entire legal fraternity Of Frederick
county, Dr. Wagner went into the Or.
phan's Court, Judges Lowe. Castle and
Nicodemus, and asked TO have passed l2S
judgments Of SOS each, with costs, against
the estate OF the late VIM. shank. Il
seems that Mr.. Shank was one Of the
frat against whom Wagner institut-
ell suits. He never had any cause OF
action against Mr.. shank. and Mr..
Shank never took the trouble n contest
the proceedings, supposing Wagner 70
be demented. As consequence judg.
ment for sos was obtained in each OF
the l2s suits. Wagner waited until the
time allowed for an appeal had expired,
and then began Ia press for the money.
At this iunctnre the defendants In all
the suits instituted the bsrratry pro-
ccedings against him. resulting in Wag.
ner pausing in his work Of ertortion
until his dismissal last Saturday.
Meanwhile Mr.. Shank had died, and %
the case now stands the judgments are
items on his estate. with all the attend.
ant costs, aggregating over $4,000.
Wagner yesterday, on filing his iudg.
ments, presented the necessary affida.
Wits from the court clerk that xid judg-
ments were on the court ds.kets, and
had never been satisfied. lle also, In
the most formal and matter.oi.iact man.
ner, rendered his own affidavit that he
had dnever been paid the amounts Of the
judgments. After q long consultation
between the Judges, the resul, OF which
WAS waited for with some excitement by
the spectators, the court decided that,
in spite Of the we'll known fact that
Wagner had no shadow Of a claim upon
Mr.. Shank, the failure oi the latter 10
contest the suits or take appeals render
eel the judgments valid on their lace,
and they must therefore stand Under
the law they could not therefore
h anything except orier tue
Judgments 10 he filed among
the claims against the estate. lmmedI.
ately after hearing the decision Wagner
presented the voluminous records and
left the cOnrt with an air Of conscious
satisfaction.
The affair has caused widespread In
dignaiion throughout Frederics county,
80.
have attracted the interest oi the entire
legal fraternity OF this city Several
leading lawyers have volunteered TO
contest the validity OF the judgments on
behalf OF the family II Mr.. Shank. who
will be- left pennies. II Wagner obtains
his claims; but the general impression In
that the as,rte plaintiff has placed him
self beyond the reach Of the lsw. and
that the Judgments canno, le over.
thrown.