Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-13
CLOSED ITS SESSION.

The Supreme Court Winds Up Its Present
Term-SeveraI Decisions of General
Interest.
After a session lasting nearly five weeks the
Pennsylvania Supreme Bench closed its sitting
yesterday in this city by handing down four
decisions and ordering re-argument.
In the case of Samuel G. De Turk against the
Commonwealth. error from Common Pleas,
Schuylkill county, Justice MeCollum handed
down the decision. De Turk was postmaster
of De Huntsville, and on November s 1857. was
elected County Commissioner of SchuylkiH
county, serving in both capacities. On October
q, 1888, at the suggestion of the District AT
torney, quo warranto was issued on De Turk
to show cause why he should not be removed
from the Office of the County Commissioner.
An act of Congress prohibited any person from
holding position of trust under the Govern
ment and at the same time salaried ONCE
under the State. De Turk resigned the post
mastership on November l3, 1855, but on jan
uary IL 1889 Judgment of custer was entered,
thus dispossessing him of the County Commls-
siOnership. De Turk appealed and Justice
McCollum decided the case in his favor. Inc
opinion held that the act of Congress could be
enforced without legislative aid. The lower
court was therefore reversed.
Justice Clark handed down an opinion in the
case of John Willis appeal from Common
Pleas of Washington county, in his suit
against the Manufacturers Natural Gas Com
pany. The suit was on covenant contained
in the lease of gas and oil rights to the gas
company. Willis claimed forfeit of $1,000
per wear under the contract for the company's
not boring wells within the specified time.
The company resisted the claim on the grounds
of another clause in the lease which said that
if they did not comply with the terms the
agreement was to be null and void. This
would therefore annul forteitS and everything
else, they said, as they had not complied with
fhn in hic mi oil
that this clause was inserted solely for the
lessons benefit, and it was optional with him to
maintain it or annul it, as suited him. The
lower court was reversed and the record re-
mitted for the entering of judgment against
the gas company.
In the case of Alfred Palmer and William
H. Force, Jr., and wife against H. Farrell and
wife, an action in ejectment appealed on an
error to Common Pleas No s, of Philadelphia,
the Judgment of nonsuit was reversed, and
trial ordered
In the case of Henry Hessel against Nj. T.
Johnston, an action in lease, appealed on an
error to Common Pleas No. 4, of Philadelphia,
Judgment was reversed, and new trial or
dered.
Re-arguments were ordered in the cases re-
garding Ruan street and Washington avenue
Philadelphia, the court desiring TO have before
the whole of the street act of 1857. The cases
where ordered to be placed at the head of the
Philadelphia list.
Argument was made in the appeal of Edward
Bindley from the decree of Common Pleas No.
of Allegheny county. Bndley had claim
against the PittsbuTg Savings Bank which was
disallowed by master and adopted by the
lower court, the amount involved being 81 900.
An argument was also heard in the case of
George w. Guthrie, trustee, in re ]. 7. Stock |
dale, trustee for Michael Maginn. on appeal
from Common Pleas No. 2, Allegheny county.
The case is the acceptance of the report of an |
auditor distributing the fund of the Pittsburg
Savings Bank The bill prays for dissolution |
of the Incorporated joint stock company
known as the Pittsburg Savings Bank, the ap- |
pointment of a receiver, and an account be- |
tween shareholders. Nearly analogous is the |
appeal of George W. Guthrie from Common |
Pleas No. of Allegheny county, also argued. |
The appeal is against the distribution among |
some Of the creditors of the money belonging |
to the bank. The fund in dispute is Sll, 295 80,
raised by a sale of portion of the real estate
Of the bank held at the time of suspension.