Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1883-07-20

Court Proceedings. The July term Of
the Circuit Court was promptly called Al .en
O'Clock Monday by Judge Stone. The u.uil
tuutine OF calling the respective dock.,s vas
the principal business transacted. A motiou
foi new trial ia case Of ", II. Main " VIM.
Waters, appeal heard at the May term and
decided in favor Of Waters, was argued BY
Mr.. ?. ". Cox, counsel ter Main, aod Mr.. l..
A. Wilmer, counsel for Chapman. Motion
oYerruled
On Tuesday, Judge Brooke, who. arrived
on the the train the evening preceding was
upon the Bench with Judge Stone.
The Appeal docket numbering Az. cases
was taken up. -Four we're continued and
one tried The case Of A. Miles Dyer "
james T Estep was tried II was An action
ofreplevin growing out Of trade between the
plaintiff aud defendant Of two head Of r,tle
The evidence disclosed that trade was
made between the two Of an OK and a COW.
and Estep according to Dyers version Of j,
was 10 pay him difference Of four dollars.
while Estep on the other claimed he only
promised to pay difference Of two dollars
and fifty cents and upon Esteps refusal TO pay
the four dollars Dyer claimed the trade void
aud replevied. The case was argued by :. +
Mudd Esq for Dyer, who claimed that the
trade was void. First, because the contract
was not completed 10 that Estep refused to
pa the four dollars cltimsd to be due by
Dyer, and second that the evidence showed
the title 10 the COW was not in Estep but 10
an infant child Of the said Esteps. NJ lanes
F. Matthews claimed for defence that the
trade was valid, because possession 10 the
property had passed, and as the sole question
Of dispute was the amount Of difference in the
trade, the parties we're left TO their remedy
to recover the money claimed and not 70 pos
session Of the property BY replsvlu, and also
that as Estep was the natural guardao Of his
minor child he had a perfect right to dispose of
the property for ii: best interest. udsment
affirmed in favor Of Dyer
The criminal docket Was then called and
the case Of State vs.. Hilleary Wade wa, tried.
Wade was road supervisor in the wear 1882.
and was indicted for dereliction Of duty in
not mending the public road leading from
"ChApman's mill' to school hous. known
as "Hawkins." The States evidence went
TO show the bad condition of the road in
question. While the testimony of the defence
showed that Wade was engaged elsewhere by
special order from the County Commission
ers, and could not mend said road Also
that portion Of road allegded to be in bad
condition was not public thoroughfre -
Adiudged not guilty. The court said the
fault in the road system was in the supervisor
having charge Of two much road, and that
the supervisor could not be adjudged guilty /
unless negligence was shown That they /
were under the control of the County Com.
mssioners and bound TO obey their orders, I
and that when not engaged in doing work by /
special order, they were only bound to work +
on the roads most needing their
services.
Judge Brooke filed his opinion in case Of
E. V. Rlelen ct al vs. James F. Marshall ct
al Equity, ratfying account "B' of the
auditors report, which allows the jud tment
claims of Chapman aud C'cking. leaving a
balance of FIVE hundred and few dollars to
he distributed among the other creditors,
who will receive about twenty-five per cent.
Of their claims
A petition Was fled on the p,rt of G. ".
Carpenter asking reduction ofb,il, aedgns
that his means were such as not to be able TO
give the required sum of five Thousand dollars.
Judge Brock h" rd the petition aud reduced
the hail to three thousand dollars.
A motion WIS m lie by the respective coun-
Sc in the Lycomins cases for rule security for
costs.
The court then signed a few orders in
Equity cases and adjourned the Term.