Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-01-25
COURT OF COMMON PLEAS.
Before Judge Livingston.

Henry NJ. Watts vs.. Beni. F. Hicstand
ct al, executors of Henry Musselman, de-
ceased, summons in account render, in
which the defendant plead fully accounted
and statute of limitation. The parties
agreed that the cause shall assume suit
in equity and on motion, Amos Slaymakcr
esq.,, was appointed master to take testi-
mony and report.
Henry Gerth VS.. e. Abram Taylor, &C
tion to recover $40 for railroad ties sold
and delivered to the defendant. The de-
fense was that these ties, which were dc
livered at Loclport. were claimed and
taken away by &. ]. Rhoads, and that the
defendant had never purchased the ties or
received them. The verdict was in favor
of the plaintiff in the sum of $685..
Edward II. X auffman vs.. Jacob ID. War
fel, replevin for dark brown horse. The
plaintiff testified or May 2G, 1876, he pur-
chased a dark brown horse from young
man at the Franklin house, in this city.
He afterwards heard that the animal had
been stolen from Jacob d. Warfel, of In
tercoursc he told Warfel that he could
have the animal If he proved his property.
This Warfel failed to do, but he broke
open the stable and took the horse away.
Plaintiff then obtained a writ OF replevin
and Warfcl gave bail for the value OF the
animal. After the plaintiff finished his
testimony, the defendant agreed that a
verdict be taken in favor Of the plaintiff
for $65.
The case of kinter & Kremer W. Chas.
J. Rhoads and Geo. A. Taylor, partners,
trading as Rhoads l. Taylor, was settled
by the parties.
Before Judge Patterson.
James kcemer VS. Elizabeth Brady.
This was an action to recover $40, the
amount Of rent for house be-
longing to the plaintiff and situated in
Millersviile, which the defendant leased in
April, 1879, when she agreed to pay the
rent in advance. The rent was never paid
and suit was brought. The cross-cxam-
inatiOn of the plaintiff showed that at the
time of the leasing of the house and until
December, when John Brady died, the de
fendant was a married woman and was {: :
the time of the bIlngin & Of the suit.
- At the conclusion OF the case defense
asked for \ non suit on the plea Of cover
ture, on the ground she was married wo-
man and was not competent to enter into
a contract without the recognition and con-
sent of her husband and that in entering
upon such and in all suits against her on
husband. The plaintiff claimed that in
leases for rent a married woman could en-
ter upon such contract and could DC held
for the indebtedness. The defense in reply
quoted authorities to sustain their position
to show that a married woman was not
able to contract, nor was she Liable for in
debtedness under contracts of this nature
unless she had previously become a ,fcmc
sole trader. The court refuse to allow the
motion.
The defense then moved for non suit
on the ground that plaintiff did not allcge
that the claim was for ncccsssries as this
fact should be set forth as well as proven.
This motion was also refused by the court.
The defense then opened tho case by
proceeding to prove set-on. They allege
that in the year 1873 the defendant
placed e150i in the hands OF the plaintiff to
indemnify him for entering upon a bond
for her under the interplcader act, which
suit has been decided in her favor, but
the indemnify has been returned to her.
On trial