Evening star., 1886-11-08

Important Decisions by the Court IL
General Term To-day.

Important Decisions by the Court in
General Term To-day.
In the Court in General Term to-day, in the
case of August Muller against the District of
Columbia, the decree below was affirmed:
opinion by Judge Merrick. This was a bill for
injunction to restrain the sale of property for
special assessments which complainant claimed
had been paid, and which the District claims
were not paid. The court held that the asser-
tiOn of the District on Information and belief
was not evidence.
WILL CASE
Estate of David McIntire-Appeal dismissed
and case remanded to Probate Court; opinion by
Judge Merrick. This was an appeal from the Or
der of the Probate Court directing issues to be
sent up for trial on caveat to the WILL David Nc
Intire died in April, 1884, and u few days after
ward will was propounded, proven and letters
granted. Fifteen months afterward the sole
surviving brother filed a caveat to the will, on
which the Probate Court directed issues to be
framed tor trial. The propounder of the will
appealed from this order on the ground that
the Probate Court had not now this power, and
that If had the caveator had been guilty OF
laches. The court held that the court was pos
sessed OF full power, and that there is no linita-
tiOn for attacking will-citing a case in :3Sd
Maryland, where q will was set aside after two
years.
ANOTHER SUIT AGAINST THE DISTRICT
Edward Miller agt District OF Coiumbia
judgment reversed and case remanded. This
was an action for damages by falling ovss q
tilted stone January Sd, 1888, when, on the
rendered for defendant. The court held that II
seemed SO doubtful as to whether the plaintiff
was guilty OF oicontributory negligence, they were
OF the opinion that 1t was question for the Jury
and reversed the Judgment and remanded the
Case.
RIGHTS OF MARRIED WOMEN
Ofutt agt. Dangler, attachment uuashed
opinion by Chief Justice Cartier. Mrs. Dangler
n ma nod h1yr, ,loin
judgment by default an attachment was issued
A motion was made to quash the attachment
and this depends on the validity OF the judg
ment. 1t was claimed that although the de
fendant was u married women, she had d sep
arate estate; although femme covert, she was
femme sole. The court held that il she had Q
separate estate, and was sued as q married
woman with separate estate, the attachment
would lie. but in this case there was an
omission.no explanation as to her character
They held that the judgment is void tor want
of this explanation, and the court would here
after SO treat such cases, but when the explana-
ton appears would rule otherwise.
The Democrats In Good Shape for 'sS.
THAT'S WHAT SENATOR KENNA THINKS
ABOUT 1T.
Senator kenna has returned to the city. He
said to STAR reporter to-day that he thought
the democrats were in very good shape. Tue
result of the election he considers far from dis
astrous to them. They have q good WORKING
majority In the House, and there Is nothing, be
says, TO MAKE them uneasy about 1888. THH
STARS estimate of the Senate, he says, was
correct. 1t will stand 81 democrats and 81
republicans. leaving Van Wyck and Riddle
berger out. In the House he estimates the
democratic majority at ~, counting the labor
candidates as democrats. He says he has not
had time to look over the field SO as to judge
what significance the election may have on the
tariff.
NINE. D'lTAJUBA IN PARASITIC New York
Herald Paris correspondent says: "Viscount
ltajuba, the Brazilian minister at Washing
ton, has arrived with his wife for q months
enjoyment in Paris Mime. d'Itajuba is TO be
seen Ut all society gatherings in the Bois, at The
stay has almost resumed her nosii3nn "a tn.