National Republican., 1883-10-16
THE COURTS.
Proceedings Before the Various Legal
Tribunals Yesterday.
OPINION IN THE LEMoNT CASE.

Proceedings Before the various heBh
Tribunals Yesterday.
OPINION IN THE LEMoNT CASE.
Justice Cox in the court in general term
yesterday delivered the opinion in the case
of Lemont against The Washington and
Georgetown Railway company, reversing the
Judgment below and directing tho entry
Judgment satisfied to stand. This suit
was brought for damages for injuries sus-
tanned, and u verdict of $4,000 having been
obtained plaintiff compromised with the com
pdmy for $4,000 and gave an order 70 dismiss
the suit, which was then on appeal. When TINS
became known plaintins counsel moved that
this order he set aside and that the company
he directed to pay them 33b per cent of the
judgment, and Judge Macarthur granted
both motions and an appeal was taken. The
court said that while the bar should be pro-
tected, yet all precented and authority was
against making the order. The understand
ing between counsel and client is an agree
ment, but not n contract, and proceeding by
common law was the remedy.
SURRENDERED BY HIS BoEDsMAN.
Thomas II. Callahan, who was indicted in
May last for opening letters whilo letter
carrier, was surrendered by his surety, Mr.
John Webster. Upon his first arrest. Gala
han was tried before Commissioner Mills on
n charge of opening letters addressed to NJ.
a.
York, and was held in bail of 81 800. Shortly
after indictment his former bondsman sur
rendered him and he gave new bonds, with
Mr.. Webster as surety, and not long after
ward Callahan disappeared. Some few weeks
ago an account was published of Callahan
having, in Chicago, walked up to police
man and surrendered himself as n fugitive
from justice, and Mr.. Webster procuring n
bailpicce sent it out and Callahan was
brought back and yesterday was committed
to jail.
MANDAMUs AGAINST SECRETARY CHANDLER
DISMISSED.
In the case of the United States, OK rel. w.
w. Worden, for a mandamus against Secre-
tary Chandler, to compel the latter to pay
100000 for the purchase of land for naval
Coaling station at Panama, the court in gen.
eral term yesterday denied the application,
and dismissed the petition. An appeal an ex-
ceptions was noted
OTHER ITEMS.
Samuel c. Mcdowell yesterday filed q bill
in equity against Sarah M. Starr and Mary j..
Treakle, to compel the latter to fulfill u con-
tract. Complainant states that he entered
into q contract with John w. Starr for lease
of lot 9 and part OF lot ., square $50; that
John w. Starr died. and the defendants, his
widow and heir at law, refuse to comply with
terms of the contract
Judge James, who has been sitting in equity,
will this morning take his place on the bench
of the court in banc, Judge Cox sitting in
equity. This transfer is only temporary and
will last only as long as the general term are
considering the decisions rendered by Judge
Cox.
The Mount Pizgah NJ. L. church was in
corporated yesterday, and the following trus-
tees elected for the ensuing year: Arthur w.
Upshaw, Hamilton j. Williams, Moses Modey,
Andrew Loscar, Frank Nixon, John G. Wright,
Richard Gasaway, and j. b. Thorn.
The will of Mrs. Francis L. Berry was filed
yesterday. She leaves all property TO be di-
vided among the children of her brother,
Warren S. Bentley, and appoints Mary A. s..
Cary eXecutriN.
In the circuit court yesterday Judge Mac
Arthur excused the following gentlemen from
serving on the jury Robert B. Cropley, II.
L. Du Barry, George n. Raumberg, George
Rapetti, Ella Chelina, John Hass, Otto Demoll,
and l.. NJ. Cornwell. The marshal was di-
rected to fill vacancies.
Laura A. V. Richards was yesterday granted
divorce from Samuel Richards. with per-
mission to resume her maiden name of Cabe
for dlsertion.
Ida S. Bowman yesterday filed a bill pray
ing divorce from Columbus S. Bowman.
Tie papers in the case were Immediately
withdrawn.
Mr.. Charles c. Buckley member of the
supreme court of New York. was yesterday
THE RECORD
Court in General TERM Chiet Justice Cartier, Jus.
tees Hagner and CG1-United States OK rel. W.
W. Warden VS.. secretary of the navy application
denied ana petition dismissed. 9. o. Lemont vs.
Washington and Georgetown Railroad company |;
judgment of special term reversed. James IL.
Lpscombe VS., John J. Knox time extended 10
snow cause. a. ii. Berr VI. John L. Barber; ar
gncd and submitted. Assignment tor to-day-NoS.
20, 20, 49, 3S, 40, II, AZ 43, Al. 45, and i6.
Criminal COurt-JudQe WWte.-Geotge North
ledge and William Byron; housebreaking in the
night; arraigned and pleaded not guilty. julius
Eppord, assault; demurrer sustained. Francis X.
Callahan, violating postal law; released from
bond and defendant committed. Assignment for
acknowledgements on pending motions and de-
murrcTs.
EQUITY Court-Judoe Jdmes.-Stnrr vs. Treake;
leave 10 amend answer granted. Barber vs.. Gill
more; forty days allowed to take testimony under
amended bin. Richards VS.. Richards; divorce Il
vim mat granted. O'Donnoghue VS.. Dale; hearing
in general term i'll first instance ordered. Ellio,
VS.. Callan; demurrer sustained with leave to
amend. Bowman VS.. Bowman; appearance OF ab-
sent defendant ordered Frazer VS.. Fague; trustee
ordered TO execute deed of release. Butler VS.
Scott; sale ratified and receiver discharged. Nc
Carthy VS.. OBrieu; sale ordered and j. f. Hanna
stralning order discharged injunction denied, and
leave TO amend granted. Stansbury vs.. Ingle
hart: demurrer sustained, bill dismissed As.
signments for to-day unchanged.
Circuit COurt-Judge UdcArhur-Bailey VS.. Moses
death of plaiutiH suggested. Taylor VS.. Cred
more; stipulation to abate and for costs. Schur-
man VS.. Zuhorst: ordered on appeal docket.
Catba'in VS.. Strisburger; death of Strasburger
suggested United States vs. Gbbs Judgment By
default. Dixon Bros VS.. Mahoney; same. stuart
VS.. Lewis johnson * Co.; Judgment by condemns
tion against garnishee. Assignment for to-day
appeal docket Nos l, 2 3, g. 9, 10, IL, IL 13.
II, 10, &c. II, 10, 20, 2l, und 22
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BREEZE to-day Breeze to-day!