Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-04-24
COURT OF COMMON PLEAS.
rho Dispo,is ON of Several Gas,

BEFORE JUDGE PATTERSON.
Samuel NJ. Kline VS.. G. Falk and Arnold
Falk. trading and doing business as G.
Falk s. Bro. The defendants are tobacco
| buyers, doing business in New York and
this city. This was an action brought by
| tho plaintiff to recover compensation fer
labor. ne claiming that he had been en-
gagged by them as An agent for q year at a
fixed salary per month. He brought this
suit to recover . balances. After hearing
some testimony the defense moved for
| non suit, as the declaration in the cass
set forth that plaintiff had perform.
| cd his part of the contract in full,
but the testimony showed that he had
only served five months. The plaintiff
then asked leave to amend their declara.
ton. This was allowed, whereupou the
defense plead surprise and the case was
continued at tho costs OF the plaintiff.
Charles Schwebel VS.. George A. KiehI.
This was an action to recover $132.26, q
balance alleged to be due plaintiff for
work done in making excavations and con-
structing wall in the cellar of defendants
property on East King street, this city.
The original bill amounted to S272.26,
and the plaintiff admits having received
S14O, and sues to recover the balance. The
defense admitted that they owed SAG, but
that is all. They made 4 tender Of that
amount to. the plaintiff, but it was refused
yesterday afternoon. After hearing some
evidence on the part OF tho plaintiff hn
agreed this morning to accept the tender
and pay the costs OF suit. This was
satisfactory to al and the case went of
also.
Iu the case OF Christian Fenstermacher
and Philip Fenstermacher vs.. John ID.
Fenstermacher issue to try the validity OF
a paper purporting to be the last will OF
Mary Fenstermacher, verdict was taken
in favor of the defense.
BEFORE JUDGE LIVINGSTON.
E. D. DENNY, G.. GrOezinger, appeal
by tho defendant from the Judgment Of f..
d. ROath, esq. The evidence for tho
plaintiff, who resides in Harrisburg,
showed that in September 1879, he sold to
the defendant, a tanner in this city, u
barrel OF tanners oil. 1t contained 46
gallons and the price was 70 cents per
gallon. In part payment tho plaintiff re-
ceived lot of horns amounting to $40 so;
he brought this suit to recover balance
of S12.7O.
The defense Was that in March of this
year defendant sold $3.50 worth of horns
to plaintiff he waited six months for his
money, but did not re ,eivs it one day he
met plaintiff, who asked him to take
barrel Of this "il he agreed to take tho
oil at 45 cents per gallon ; the oil was
shipped but plaintiff charged 70 cents per
gallon !; defendant notified DENNY that on
account of the p. leo he would not receive
the Oil Instea', of sending for the o.
DENNY brought suit. The jury found in
favor of the piaint,iT for S1.53, which was
the balance due on the oil at A cents per
gallon, with interest.
John H. Moore W.. A. Rugg and George
Bryan, action to recover ON y contract for
5000 bushels of corn. As soon as tho
case was attached the plaintiff discovered
there was an error in their narr. They
asked to amend, ard were granted leave.
The defense plead surprise and tho case
was continued.
THE PUBLIC ROADS
Viewers Appointed amt reports Confirmed
Road viewers were appointed as follows
last week:
To vacate public road in Rapho town.
ship, leading from the I5. Joy and Colc-
brook roa6 to point OH the road from
Horst's mill to the Mount Joy and Cole
brook road Stephen Grissinger, John >
Masterson and Lew Brandt.
To view and report upon the completion
of the Mannheim and Penn township turn
pike: Samuel G. Slaymaker. George l..
Buckwalter and John B. Erb.
To lay out road in East Lampetef
township, to begin in the Bridgeport IL
Bird INLAND road, and end III the road
from the Bridgeport u Horseshoe turn
pike to tho New Holloud turnpike Calvin
Cooper, Joel l.. Lislrtner, jacob s. Shrk
TO lay out n road in Ephrata township,
to lead from tho wastera terminus OF tho
road passing by the Ephrata foundry, to
the stone bridge where tho Harr isburr,
Ephrata & DOwningtOwn turnpike crosses
tho COcalico creek: Jacob w. Landis,
John r. Messner, George II. Trego.
To lay out road in Salisbury township
to begin on the road between Eaby's mill
and the old Lancaster and Philadelphia
turnpike, and to end at q point where 1t
intersects said road at land of Elias Den-
linger and Others: Joseph ID. POwnalI, A.
T. Mcclellan and Lewis II. Linville.
To divide Salisbury township into two
Or more election districts: Robert Baldwin.
Samuel SlOkOm and n f. S!aymaker.
To open Shippen street from E,st King
to Green street: Samuel Evans, A. n
Cassel. VIM. Ellmaker. Henry Eri:rrt aud
Michael s. Mctzgar.
Cot firined Absolute.
The report OF viewers favorable 70 .
public road, in East Hempfield township,
from the ColebrOOk road to the McGover!..
villo and Kauffman's mill road.
The report favorable tn vacatins por-
tiOn of the road. in Eden township lead
ing from the Carmargo and White Oak
road and laying out another iI lieu tbere,f.
The report favorable to !. road in Lea
cock township, commencing on the '.Cas
penter' road and ending on the Weave:
town road.
The report favorable to . road in Manor
township, beginning on tho road from the
Lancaster and Susquehanna turnpike to
the Mountville and Breneman road. and
ending on the same road.
The report favorable to Il road in Eph:.i.
ia township, to commence ON the late
Ephrata, Harrisburg and Downingtnwn
turnpike and end in Washington avenue
The report adverse to proposed road. in
Ephrata township, to lead ON the public
ro9d leading from Millway to EphIata 10
the road from Akron to Clapboard.owr.
in Clay township.
County Indebtedness Companion
Among the most interesting items in tho
statistics furnished in tho annual report Of
the internal revenue department is the in
debtedness Of all tho counties IN
IN tote <l,@ ILL.,