Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-02-01
COURT OF COMMON PLEAS.
I:efOre J utlSe Patterson.

Henry Seiberling VS.. Samuel Myers.
This was an action brought in 1867 by the
plaintiff to recover wayes for services rem
Tle,ed the defendant, who resides in EO
gansvile, while i'm his employ. The plain
tiff claimed that he worked for him three
months and twenty-five days. He received
s41. but there was still owing him sig
with interest The defense was that the
plaintiff had worked but two months and
twenty. eight days, and he had been paid
all that was owing him. The jury found
in favor Of the plaintiff for s2l: 70.
In the case of Ann Mary 3. Kraybill and
Jacob KrayLiII, for the use Of Ann Mary
Il. Kraybill, VS.. Wiley Brothers, verdict
was taken in favor Of the defense.
Frederick Wolf VS.. Christian Cast. guar
dian of John y. Shroad. After this case
Was attached the defendant asked to
The plaintiffs counsel plead surprise ard
the case was continued.
Joseph G. Brinser, for the use of Jonas
EriHser, VS.. S. Keller, jr., constable, Of
Elizabcthtown. This is an action brought
to recover the amount of a Judgment for
SU.1j, on which execution was issued and
placed i'm the hands of the defendant on
February q, 1879. The plaintiff obtained
a Judgment againt Richard Heilig and
Simcn Albright, execution was issued
and placed in the hands OF the defendant
and it was made retulnable April IL. The
execution WAS returned, endorsed Levy
made bu: not sold, for want Of time An
Hlios execution was then issued and so was
Il pleures execution. The money was never
made and this suit is brought on account
of the neglect of duty of the defendant in
failing to make the money On the execu.
tiOn.
The testimony for the plaintiff showed
that the plaintiff went with the constable
to levy on Simon A!brighL's gonds. Brinser
then said he wanted to make arrangements
with with Aibrigh: to secure the money ):
Il note PAYABLE in eight months was drawn
up and il was left with Albright to get
security, whic:: hc failed to 90. While the
Glias execution was pending. it was claimed
that Brinscr made asran yements with AL
bright by which he was TO be paid tie
amount of this execution out of an estate
of which the mother OF: Richard Heilig
was an heir. The endorsement on the ex
ecution was to this effect, and the defense
claimed that in the report now fled i'll
court money had been set aside for this
purpose Exceptions have been filed and
the matter has hot yet been disposed OF.
The defense claimed that the interference
of tie plaintiff caused the delay in pay
meIJ.
The plaintiff denied having made amy
agreement as alleged, but claims that it
was done by Albright and tic constable.
Before Judge Lf-ingslon.
In the case of Benjamin D. Meyer vs..
Henry Neit. the testimony closed at noon
to-day and counsel began addressing the
urv this afternoon. The evidence for the
plaintiff this week was rcbuttal Of what
had been given by the defendant last
week in regard to the increase Of size of
the sane! bar and It's effect in backing the
water into Meyers tail race.
Witt of Estreprnent.
Tho petition of M.lI. Hastings, husband
o.! iteh..cc:. l.. Hastings, who is the owner
oi l42 acres OF land in COle,ain township,
WAS presented to the court this morning.
4 writ of estrcrnicnt was granted on the
present tenant, Wm. S. Hastings, to
restrain him from committing waste
by cutting down the timber, removing
the manure and using the straw,
which, it is alleged. belongs to the realty,
but which VIM. $. Hastings threatens to
convert 70 his own use. against the pro
test of Vi. HI. and kebccca Hastings, the
latter oi whom purchased the property or
January /, 1881. from Henry Webb, from
whom the defendant leased it for one year
from april I. 1880. 20 April l, 1881.
Viewers Appointed.
Road viewers were appointed by the
court il. the following cases last week /:
TO vacate a road liz Little Britain town
ship. beginning al point OH the road
leading from Fairmount station to Pusay'S
mill, known as the Walnut corner, to
-. y In,<s
Kings bridge To Puscy's mill. Viewers
John G.. Lewis. John }. Penny aud AIban
Cutler.
To review that part OF! a public road re-
Gently laid out from i point on Il public
road icatin. from Manor township to the
Lancastor and Columbia turnpike, in lieu
Of one vacated between the first mentioned
point and !. private road leading from
Jacob +. Stoner's in Mannr and West
Uempticld Townships Viewers Michael
l.. Hoover, Samuel W F.antZ and TIos.
p. Fordney.
w iietn :'ic,.s:. mp from Il snow bank.
As cur reporter was walking along
Christian street near Orange this morning,
he picked up the following item, intended
40 doubt for the INTELLIG ENCER, and
written in the well-knOwn hand of Mr..
Hess
"Saie o: Horses Samuel Hess & Son,
,uc.ianeerS, sold yesterday, Jan. 81. at
public sale at the Merrimac house, Lar.
caster city, for Geo. Grossman. pa head CT
Canada horses at an average of sl90 per
head: four Of t!la lot were sold at 81 600
Reporters are expected to find the new,
no matter where it may DC hid but We
respectfully suggest TO our correspondents
that a snow bank in a by-street AID on q
stormy morning is not the most convenient
place in which to have their favors depos-
tied. Hereafter please drop them in a
more central locality.
Aggravated Assault.
Last iyht while Victor KAISER was walk
ing near the corner Of West King and
Prince streets, lie was accostcd by a man
who was under the influence OF liquor and
who asked Mr.. KAISER to give him ten
cents for a nights lodging. NJ. Kasser,
seeing the mans condition. told him he
had better go to the station house. This
made the fellow angry and lie followed
Mr. kasser, who pushed him away and
told him 70 90 about his business. The
fellow then attacked Mr.. Kasscr and beat
him badly about the face. Mr.. KAISER
made complaint against him and he was