Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-01-15
OPINION DAY.

Rules. Motions. Sc. Decided by tho Count &.
Court met to-day and opinions were
read in the following eases
BY PATTERSON. j.
Thos. D. Kelly W.. James Trimble s. Co.
Rule for new trial discharged.
Com'th Of Penn'a., for use Of w. D.
Weaver, ct. al. w. ID. G. Steacy, ct. al.
Rule to amend tho caption made abso-
lutte.
Mulvany VS.. James Turner. Rule to
strike of all amendments !; discharged.
Theo. E. Hoar vs. Richard Weaver.
Rule to open Judgment and let defendant
into defense !; discharged.
John Drace, deceased. Rule to pay
money into court charged on lands Of John
G. Grcider and discharge lands from said
charge; rule made absolute so far as re
lates to $500.
Robert Nussbaum vs.. Horace Dasher.
| Certiorari by defendant from H. C. Glib
| ble's docket exceptions sustained.
City of Lancaster vs. county Of Lancas-
ter. Case stated, to determine what fees
the mayor is entitled to charge in certain
criminal cases, to be paid by the county
into the city treasury. Court decided that
vagrancy, drunkenness and disOrderly
conduct arc and may be treated as three
distinct offences; for drunkenness the
mayor is entitled to 9Oc for vagrancy,
25c, for disOrtlerly conduct. 2jc in all cases
Of commitments; Cor discharging nothing.
Judgment entered for defendant.
Samuel Mellinger's estate. Exceptions
to auditors report dismissed.
Richard Barton, decd. Exception to
auditors report dismissed.
Moses Shirk and Martin Becker, as
signees of John Baker, vs.. John Baker
and wife. Rule to grant an issue dis
charged without prejudice to respondent.
Adm'x Of Daniel Brown, decd vs.. Levi
Sensenis. Rule for new trial !; DISCHARGED.
II. &. Hauser vs.. ID. G. Swartz. Rule
for new trial discharged
Simon p. Eby, executor, &C., vs.. VIM.
B. Hopes. Rule for new trial; dis
charged
Henry w. Weiso VS.. Philip Bernard.
Rule for new trial; mallo absolute.
By LIVINGSTON, P.J.
Estate fJac. L. Laniis. Rule to ro-
commit auditors report made absolute.
City Of Lancaster W.. Edwin Clark ct. al.
Rule to satisfy Judgment as to terre tenants;
discharged.
City Of Lancaster VS.. Julia Wade Case
stated; judgment for defendant.
George Weiman vs.. the city Of Lancas-
ter. CertiOrai by defendant from II. Il.
McCOnOmy. Exceptions sustained and
execution set aside.
ct al Rule for now trial discharged.
Isaac S. Roland vs.. A. b. Grubb. Rule
for new trial discharged.
G. Sener Il Sons VS.. AdOlph N. Basch
ct al. Rule for new trial discharged.
Jeremiah Brown ct al. vs.. the COlum-
bia Il Port Deposit railroad COM
pany. Petition for appointment Of
viewers granted, and court appoints
Samuel Evans, Robert Montgomery,
Davis 4. Brown. w. ID. Sprechcr, A. G.
Kepler, John ID. Wilson and A. w. Rus
sci.
John Blacks use VS.. Geo. Lentz, ct nj.
Rule for judgment for want Of sufficient
affidavit of defense discharged.
Edw. Welchans VS.. city Of Lancaster,
ct al. The court, after reciting the facts
at length, as familiar to our readers, de-
clares that as the answer shows the finance
committee neither now has, nor claims
any longer the right to interfere with the
Office Of tho city treasurer in tho
manner complained Of in the bill.
and that SO far as they are con-
cerned there is no necessity for cOntinu-
ing the injunction, it is therefore dissolved
The court affirms the power of councils to
suspend, and the duty of the treasurer,
thercupOn, to quit the Office and cease all
attempt SO to exercise its duties that un-
less he does, he becomes trespasser and
wrOngdocr. II he has been wrOngfully
suspended he has legal remedy, but hb
cannot, meantime, hold over and keep DOS
session of the cffice until that is determined.
The injunction being dissolved, Mr..
Brown, Of counsel for Welcllans, said to
the court that they denied the proper sus-
pension Of the treasurer, and asked for the
appointment Of master to inquire into
and report the facts. The court said thew
would appoint master on Monday.
Adam NJ. Ranck, for the use Of Solomon
Lesher vs.. Isaac Sewers ct al, elders,
deacOns, etc., of the Reformed church Of
Muddy Creek demurrer Overruled.
Jno. j. Fisher, deceased. Exceptions
to- auditors report. First exception dis
missed second sustained.
Eli Harnish. deceased. Exceptions to
confirmation of sale dismissed.
Silas OmOhuntlrO, decd. Rule ON Penn
sylvania administrator to pay over bal
ance to Richard Cooper Virginia execu-
tor, made absolute, and fund remaiping il
hands of b. F. Eshleman, administrators,
OIucicu ~ ue pau Ovef 10 cooper ON MS
filing approved bond IN 5000 to secure
proper share Of heir and creditor and on
filing release to ancillary Administrator.
Mary A. Armstrong, decd. Exception
to auditors report dismissed.
Adam LutZ, decd. Citation to John b.
Eshleman to pay Il certain legacy. Order
cd to pay over Lydia Echternachs's share.
Elizabeth GOrrecht, decd. Exceptions
to auditors report. Sustained and testi-
meny allowed to show liability Ofdeeeasss..
to A. s. Killian; report recOmmittei:. TO
take further testimony.
| CONT vs.. VIM. McAfee. Rulc for new
trial discharged.
COm'th VS.. Henry DeArman. Motion
to quash indictment overruled.
COm'th VS.. J. Milton Mishler. Demur-
rer to indictment; sustained and indict-
ment quasiled.
DESTRUCTIVE FIRES.