Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-02-12
COURT OF COMMON PLEAS.
Before Judge Livingston.

In the case of G. 4. Grove VS.. Christian,
Hershey, owner or reputed Owner.and VIM
Hogentog!er, contractor, the jury rendered
a verdict in favor of the plaintiff for s:34
Ga. [By mistake in the making up oi
the paper yesterday it was stated that this
case had been settled. 1t was the case OF
the fire company VS.. Sca!er and CRUDE
which was settled.
Henry S. Herr VS.. Henry II. I!aTnisi',
executors of Michael Harnish and James
Keemer, on a mechanics lien tc recover It
balance OF 1,50O which the plaintiff al
lcges to he due him fD. the construction
of tobacco warehouse for the defendants
on the ground of Keemer, i'll West Willow.
Peguca township. The plaintiff tcsti
mony showed that in 1876 k"cmcr & John
Harnish purchased the property on
which The warehouse was afterwards
erected. At the time tile build
ing was begun Michael S. IIalnish
was living on the property, and in a con
versation with Kcemcr, lie Kcemc: said
that the deed was to himself and John G..
IIarnish. who held it loElnaiiy for Mi
clael Harnisl,, with whom plaintiff had
contracted as Michael on account rr iIi-
financial difficulties. did not want tiic pub
lie TO know that he had property. Nrnnl-
cI " WISH ~ pun tIiC ic'ii"."ii-
ity of the payment of the building upon
Michael when the plaintiff! informed him
tha; he would file lien in case
he was not paid; hc said lie did not
wish that to be done nor dii he wish TO
interfere with the progress Of the work,
as he and Michael S. liaIili>h had agreed
that he (plaintii) Should erect the build
ing, as they we,e saving 5000 by it ;
keemcr was present several times ana
S,emc to be greatly interested in the pre-
gress of the work. He gave directions as
to its constructions through llar:;sh. It
also appeared that in December, 1871, ,.;o.in
G. Harnish sold his interest in the property
and plaintiff fulfilled his contract on tn"
credit of the building. kecm"r promised
the plaintiff that he would see his claim
paid of he would fix the slate nn the roof
rs hc (kccEi>.) desired.
The plaintiff, on cross examination, sad
that he had hcc. warned that kc"ta"" x
Harnish wouid at pay him lie pad 40
attention 10 The statements, however. as
lac looked to Tie lien f., protect his claim
Opinion w. Iah=o Livingston.
In the matter o: the appeal OF Il. W.
and Alexander J. J.l4aThci:cci, >oi!S "i Eliza
beth 3. S. IIaibc.gcr. late If Lancaster
city, deceased, frGiH the register o: Wills,
granting letters icstameniary 10 their
brother, Louis Ii. iIa.b2yger. .f p.li,.'ici-
phia, and the rule to show Cause why SAID
letters should not be revoked or !.ni,s be
ordered to give security in the sum n;
$50, 900. Also in t,.e appeal q! Louis
Il. Harbcrgcr, from the decision oi Il c
register in granting letters t'stimentaiE 10
his brothers, \. J. x II. W. iIar,cr,2i,
or any other Of Ia" heirs oi the decreased! $
estate, tine court decided that i-"mis Il.
IIarberscr had presented 2 pri"s@ .fIi"i'
right to letters, as he had been appointed
one of the executors; OF his me;hc! ) will
and her choice ought I" bc cjcspHct'd 'd AZ"
held valid: therefore. il is n"w
ordered and directed !l.aE In" Register Of
wills, from whose dccici,n this appeal Was
taken, do issue letter: tcatamcnia!y to
Louis Il. iIarbcrgcr. nn the estate Of Eiiz-
abeth II. 5. Iiarberger, deceased. upon his
giving bond in the sum 'i 5"J, coo as Sccur-
ity for any money that may coil. i''to his
hands from said estate. The appeal Of
Louis Il. I!arbcrgcr from iht decision "f
the register WIS dismissed.
Co;.rt adjourned nj n"rn Hlfii M''n.!;y
morning at 10 "'cl"c'.. Fn, ".:>'' b"t''r"
Judge Livingston viii lac resumed :: .
o'clock on Monday afternoon.