Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-04-17
COURT.

COURT.
Opinions Delivered This Morniny
Ihls morning court met at 10 o'clock for
the delivery Of opinions and the hearinc of
current business. Opinions were read in
the following cases:
by Judge Patterson.
Z. a. Ziegler VS.. Samuel Frank. Ex-,
ceptions to auditors report. Exceptions
dismissed and report confirmed.
Peter Sharp, deceased. Exceptions to
auditors report dismissed and report con-
tirmed absolutely.
ID. Rapp, VS.. st Anthony's church, witt,
notice to Rev. ]. F. Shanahan, trustee and
kev. A. +. kaul, pastor, exceptions to pro-
thonotarys taxation of plaintiffs bill Of
costs. The plaintiff is allowed fees for his
witnesses who attended court on Septemkr
~ anu as Judgment was entered in favor OF
the plaintiff for costs, the taxation was
affirmed with that correction.
George II. Kellenberger vs.. DR.. ]. w.
Good Exceptions to prothonotary's taxa
tlon oi plaintiffs bill of costs. The yer-
dict in this case was forplaintiff After max
ing correction, taxation affirmed.
| j. NJ. Carpenter VS.. ]. w. Rinebart.
Rule to show cause why attachment
should not be dissolved. Rule DISCHARGED.
| Catharine 5. Hess and NJ. ID. Hess for
the use of William NJ. Slaymakcr, VS.. c. ID.
fancy, defendant, and John Denlinser
terra tenant, case stated, judgment entered
III favor OF the plaintiff for $500 and costs.
By Judge Livingston.
Levi w. Croft and wife assigned estate.
exceptions to auditor report; after order
ing few corrections the report WAS con-
| firmed
William kirkpatrick and wife's assigned
estate. Exceptions to audito,'s s report. All
the exceptions except No. 2 were sustain
ed, that one being dismissed. In this case.
an issue was granted to try the disputed
facts presented by Steinman & Co.
Michael s. Harnish's use VS.. Charles
| Schwebel, defendant, and North British
| and mercantile insurance company, Of
| England, the British-Amerlca ASSURANCE
company, Of Toronto, Canada, the Will
iamsburs city fire insurance company, of
| Broon!yn, n. ", garnishees In this case
| there were two rules. The first was to
show cause why the attachment should not
| be dissolved, and it was made absolute.
| The second rule was to show cause
why the money made on this attachment
should not be credited OF the installlnents
as they become due on the # ta. In
regard to the latter rule. the court order
and direct the monies (s1925) due plaintiff
by the insurance. companies. to be passed
| over to the plaintiff and be applied to the
semi annual payments of the rental, as
prayed.
Commonwealth of Pennsylvania vs.. J.
Watson Ellmakcr, guardian Of the min.
children of Robert p. McIlvaine. Case
wealth.
Hanover Junction and Susquehanna rail-
road company VS.. Ethelbert Watts and
William Watts, demurrer to replication,
demurrer Overruled.
Susan f. Clyde, for the use of John III.
Cooper and Samuel Truscott executors of
John Cooper, deceased, VS.. John Peart,
rule to show cause why the Judgment
entered on mortgage should not be opened
and Peart let into defense rule dis
charged.
Same VS. same, rule to show cause why
an issue should not be directed to asccr-
tain what amount, if any. is due to the
executors Of John Cooper, or to anyone
else on mortgage OF May %, 1915, and the
Judgment thereon to October term. 1877.
No. II. Rule made absolute, and issue
directed.
Moses Shrk and Martin Becker, as
signees of John Becker and wife vs.. John
Burke. Rule to show cause why the
amended bill in equity filed should not be
stricken off and disallowed. Rule dis
charged.
Frank Schlegclmilch VS.. Mary Eckert.
Rule for new trial. Discharged.
Henry Eberlc, decd, estate. Excep-
tions to auditors report. Exceptions dis
missed and report confirmed, Judge Pat
terson dissenting.
Penn township. Independent school
district. Exceptions to report Of commits
sioners who reported in favor of the Givis-
of the district. Report set aside.
Private road in Martic township. Ex-
ceptions to viewers report. Sustained and
report set aside.
a. J. Leibley VS.. julius Levy. Case
stated. The plaintiff in this case is the
sealer of weights and measures for Ian
caster county. Some time ago he called
at the store Of Mr.. Levy and examined his
scales. After so doing he asked for
81 AZ as his fees. This Levy refused to
pay and the case went to court to receive
the opinion of the judges. The court held
that the plaintiff had right to examine
the scales once during his term of office
and Judgment was entered in his favor for
81 AZ, the amount claimed.