Daily Republican., 1883-10-05
FOURTH EDITION,


Satnucl n. baylldIu ""o Pio'o'h W.
answer the summons to appear beiCre
the Court to show cause why an crder
should not be granted restraining him
from completing the bay windows on
his new building, southwest corner OF
Fifth and Marker streets.
The comp'ainants Charles f. Thomas
and John NJ. Whitford, business mana
ger and treasurer of the Every Evening
Publishing Company, we're represented
by Austin Harrington, ESD, who SAID
that when he applied for the restrain
ing rule, he was under the impression
that the case would be heard at Dover,
and he did not know until nearly noon
on Wednesday that the writ had been
served and made returnable at once.
He was not prepared for argument AT
present, and asked that the defendant
be restrained from proceeding with the
work until argument could be heard:
The Chancellor said he did not think
All important Improvement, s'icb as the
defendant was erecting, should be stop
ped without very good cause, ana asked
if return had been made on the VIM.
The original writ could not be found,
and il was ascertained finally that the
officer had served it on the defendant,
instead of copy, and Mr.. Spruance,
who had it in his possession, handed 1t
to the clerk. Mr.. SpruanCe SAID that
although there had not been restrain
ing order issued, bis client had out OF
respect TO the Court, ordered the work
stopped, as soon as the writ was served.
He denied the allegation that the de-
| tandant had erected public nuisance,
and that he threatened to continue and
do other things that would prove nui.
sance to the cO,nplainants. He said
that the building Of Mr.. Thomas, ad-
Joining on Market street, was six inches
further out on the sidewalk than the
one complained Of and that the build
ing of the Every Evening Publishing
Company on Fifth street, was thirteen
inches further out than it should be.
The Chancellor read an opinion OF the
late Chief Justice Sharswood from page
SO, seventy eighth Pennsylvania State
REPORTS, in which the defendant had
built out into the street and the court
ruled that, to secure the interposition OF
the court, there must be an Ohstruc.
tion to the free use OF the highway.
The Chancellor said that many bulk
windows and steps projected over the
building line, and that he did not want
TO tear up the ornamental work of the
city.
Inc i''rihel ''''H'lelaI'ou Va .no .'''
was men postP'H'"' n','l' Cno a1'tl'oo''
S"S>i"'i' 10 allow 'Ht "ei'ii''ah' .ii'o "
prepare an a''1uaNl', vt answer u 'h'
RUE
Mf. harrington "ShHn LOT anu wa
grahte" permission 10 ne az app.lca
tlon 10 appear III 'ile cast OF lartl'ioi
between me l"sb"iHs anu III" heirs VI
Joiin H. NIark, ,..-
VICTOR )u ROM, ESD maze all'llca
hon 10 have trustee appoitte" III UNI
BhzZaru estate, htsoFe Tue maj alstrlo',
non OF the proc'coS' Nour1 tAeii Az
Jonrned uhtll crock III the al'erl"oh
lmlneu'atelV a'hef ne COMMENCEMENT
OF the AFTERNOON session, lhe OH Oh CON
= plant was read. IL states tiial fii''
street IS an important thoroughlare De
tween Marke' ana Shlpley Streets, an'
charges That thtdntendaht mad ana VIA
Erecting walls projecting three fee1 I"
the side"a k, seriously encroachlh
thereon and obstructng the passage
way and making public nuisance
plaHng tor a return, restraining OF
der, preliminary injunction, and Una
the rt'l'"hHg walls now erected De az
clar''" 4 iuiSance and ordered abated.
Ia" 'rirnaant made answer by All
darp, /" which he states that h.
er''' !"~ " building at cost Of S2l ,O0'
"hl"E IT, expects to complete by tn
frs q November, and il is his purlos
T." 'h' Il occupy it for the nanutactuI
and sale Of .,Gwelry that the months {
November and December are his husir'
season, and if he is deprived Of the us
Of his binding during those months
will cause him serious loss and emba
rassment that he had been granite
permission by City Council to erect tt
bay windows on the condition that /
removed the area ways of the old bull,
ing with three sets of steps prujectiI
more than four feet from the bnildir
line, and a telephone pole, two and
r