National Republican., 1883-01-03
THE LOCAL COURTS.
Important Cases Decided-suits Filed and
Motions Made.
THE SCHOOL TRUSTEES ANSWER.


THE SCHOOL TRUSTEES ANSWER
In the suit of Prof James NJ. Gregory for
n writ of mandamus on tho board Of school
trustees to compel them to admit his child to
the Prescott school, Mr.. II. G.. Lovejoy yester-
day filed an answer why the writ should not
issue as prayed. He gives tho following
reasons ]. The subject of the petition is -
matter under the laws regulating the public
schools of the district exclusively under the
jurisdiction Of the board of trustees of the
public schools, an executive body, duly exist
isting as u part of the municipal authority of
the district. 9. The determination of said
subject matter is exclusively within the iudg-
ment or discretion of the board mentioned,
g. Tho board has acted upon the subject
matter referred TO. H. Tho action ofthe board
cannot be reviewed in this court, no legal
right existing in the relator (Mr. Gregory or
having been shown in him that his son should
be admitted to the Prescott building. In the
circuit court Judge Macarthur certified the
case TO the general term.
THE PATENT SCARF CASE DECIDED.
In the court in general term the celebrated
patent scarf case Of Fisk, Clark & Flagg of
New York. against Hollandor Brothers, of
this city, was decided. The plaintiffs brought
suit for an injunction to restrain the defend
ants from the selling Il scarf on which they
claimed TO have patent right. The case is
one of great commercial importance, affecting
not only the defendants, but gentlemcns fur
nishing dealers throughout the country The
defense claimed that the invention was not
new, and had been anticipated. Justice
James delivered the opinion of the court at
some length. The court held that the COM
binations were new and useful and had not
been anticipated, and that the scarf was an
infringement on the plaintiffs rights. A de-
cree for perpetual injunction was ordered to
bp mr. an N IN hn
Der of scaris sold.
MISCELLANEOUS ACTION.
The bond of Joseph W. Davis, Justice of the
peace, was yesterday approved by the court
in general term.
The court in general term yesterday dis
charged the rule applied for by the Hooe
Bros on the commissioners of the district
The rule was for writ of mandamus to com-
pei the collector of taxes to strike Off the as
sessment book the assessment on the new
money order office.
Bernard Silvcrberg, toy and fancy dealer,
of 3l2 Seventh street aud 1913 Eighth street
northwest, yesterday made an assignment for
the benefit of his creditors to Zachariah To-
briner The preferred claim amount to
$5,1I0.2i.
Frank II. and Edward L. Burns have filed
a bill against George w. Cochran and others
TO terminate trusts, and TO sell and distribute
real estate.
Frank b. Smith petitioned the court for
leave to sell the east 20 feet of lot 10, square
311, and to distribute the proceeds among the
parties interested
THE RECORD.
EQiliip Court Justice HdDner.-Gordon VS.. FAINT;
collection and payment of interest due on trust
fund ordered. Stewart VS.. Smith; twenty days
extension of time Tor taking testimony ordered.
Mugruder vs. Haight; Edwin II. HIaightnppointed
guardian nd litem. Pfelncr vs. Strainng; Cor
neius VS.. De Vaughn; sales confirmed nisl and
rule discharged us to latter Bibb vs. Hunter;
sale ratified nisi aud reference to auditor ordered.
In re petition of b. U. Keyser leave given to COM
pound debt of John H. Brooks. Jones VS.. Jones;
rule discharged. Farquhar VS.. Jones; motion for
security for costs denied. Adjourned till to-day.
Court IN Bdnc-Ihe Chief Justice, Justices Cor aud
Jdmos.-Fisk Clark & Flagg VS.. Holander: decree
for perpetual injunction. Gliger VS.. U. Is. Mutual
Aid society; verbal opinion by Justice Cox judg-
ment affirmed, with COSTS HOoe Bros VS.. District
Of Columbia; rule discharged. Mccormick VS..
Freedman's bank petition for n supersedeas.
Peugh ys.Davis; petition for amending decree re-
fused. Adjourned till to-day. Assignment Nos.
76, ~ 78, 70, 81, 50, S3, 81, Sil%, Sj.
Circuit COut-Justice dcArthur.-McCulough
vs.. Croft; motion for new trial filed. Keyser VS..
Dunning; judgment by default. Carter vs. Wash
ington Post. off calendar. Otterbach VS.. Camp
bell continued on payment of witnesses. Weaver
Barbn; dismissed for want OF surety for court.
United States eN rel Gregory VS.. Birney ct al GER
titled to general lerin. Adjourned till to-day.
Assignment Nos 1885, li7 III, 172 173. ia 175 176,
III, 17g to 100 inclusive.