Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-04-30

IN COURT.


In COURT.
TABLES TURNED I'm sLANDER SUIT.
The PIaintin Mulcted In Costs and Fined
0rist From the Divorce mill.
The bringing of SANDER suits in our
courts has been very common of late.
Especially is the practice rife among the
country folk, who often lay large damages
and are content to sheriff " the alleged
slanderer, arrest the defendant and COM
pei him to give bail. Beyond that
few OF the many actions begun ever pro-
gress though occasionally an arbitration
is held and six cents damages are awarded
or no cause of action found. Counsellor
J. Hay Brown, attorney for defendant, in
the action for slander brought by Henry
8. Wolfe, Of Columbia, against Edward
Yohn, of Mountville, took rather short
turn on tho other side in court on Satur
day afternoon. The damages had been
laid at S20, 900, and Yohn had given bail in
that amount after being arrested on ca
pias. Mr.. Brown appeared in court and
asked that the writ be abated on the
ground that his client, the defendant came
within the provisions of the following sec-
tions of the act of March 20, 1725
"NO freeholder inhabiting any part of
this province, who hath resided therein
for the space of two years, and has fifty
acres of land, or more, in fee. simple, we'll
seated, and twelve acres thereof, or more,
we'll cleared or improved, or hath dwell.
ing house worth fifty pounds, current
money Of America, in some city or town
ship within this province, clear estate, or
hath unimproved land to the value OF fifty
pounds like money, shall be arrested or
detained in prison by any writ of arrest or
capiGs Gd respondenduna, in any civil action,
unless it be in the kings case, or where a
fine is or shall be due to the king, his
heirs or successors or unless they be
such freeholders as by this act arc made
liable to be arrested"
But if any freeholder, exempted from
arrests by virtue of this act, shall happen
to bo taken by any writ of arrest, the
court where such writ is depending shall
forewith, upon the defendants motion,
stay all further proceedings against bim,
till they examine his circumstances and
if they. find he is such as by this act is in.
tended to be exempted, the court shall, of
their own accord, abate the writ, and
allow the defendant thirty shillings costs,
to be paid by him or them that procured
such writ, and for non-payment thereof,
the court shall grant an attachment, as in
other cases where a rule of court is not
complied with"
Mr.. Yohn being examined was found to
be such a freeholder as is exempted by
the provisions of this act from arrest !;
and, upon motion of his counsel, a rule
was granted, made returnable forthwith
and made absolute, abating the writ, and
allowing him thirty shillings costs to be
paid by the plaintiff.
The following section of the law was
also read, from which it appears that when
such state of facts is brought to the at.
tention of the court there can be no de.
lay on it's part nor on that of counsel for
the plaintiff in complying with the law:
"And ifany of the justices or clerks of the
said courts, or practitioners at law, shall
contemn this and wilfully proceed in the
premises, contrary to the direction thereof,
they shall be liable to answer, and be fined
for the same, at the supreme court of this
province. any sum not exceeding ten
pounds"
The writ being abated and the suit
thereby discontinued, Mr.. Wolfe's counsel
at once paid the costs aud the thirty shil-
lings (s7.20 costs allowed to the defend
ant, and the matter came to a conclusion
novel in these courts.
Ida Breneman DeLeOn Geist Divorced.
Ida Geist was decreed a divorce from
her husband, Howard Geist, of Montgom-
cry county, on the grounds of desertion.
He was formerly a student of +. & NJ.
college, and she is the young woman who
was beguiled into a marriage with the
bogus DR.. DeLeon, which gave rise to the
Mrs. Coonley prosecution and much gos-
sip at the time. ]. Wright Apple, ESQ.,, of
Montgomery county, represented respond
emit in the divorce proceedings. and was in
court on Saturday.
In the divorce suit of Amos Kreider vs..
Mary Ann Kreider the court, on petition,
ordered plaintiff to pay to his wife the
sum of $3.50 per week for counsel fees,
SC.
The petitions of Baily Brown and Allen
A. Kirk, both of whom want to be the
constable of Fulton township in place of
John w. Croft, resigned, we're read to the
court and the claims were presented by
counsel. The papers were taken by the
court but no appointment was made.
In the case Of Sherr vs.. Sherr, tried last
week, in which verdict for the plaintiff
was rendered, rule for a new trial was
granted.