Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-17

Mercer county. The suitwas an amicable action
in account in settling up partnership affairs.
THE case of David Trexler against John Fisher
on error TO the Common Pleas Of Cambria
county, was argued. The suit was an action in
eiectment to recover some real estate in Ash
vile borough Cambria county. 1t was decided
in favor of Fisher and appealed by Trexler.
AN argument was heard on the appeal of
Mrs. Alvira Shuttle from the Court of Oyer and
Terminer of Armstrong county. Mrs. Shuttle
was tried for the robbery of $50 from I. K.
Cannon while drinking with him. She was
convicted of larceny by oailee and appealed the
case on the ground of error.
THE case of W. ]. Noel against the Pyma-
tuning Mutual Fire Insurance Company, an
appeal from the Common Pleas of Mercer
county, was argued. The suit was an action to
recover the amount OF insurance on barn de-
stroyed by fire. and was decided in the lower
court in favor of the insurance company, Noel
appealing the case.
AN argument was heard in the case of c. 6.
Richards and wife against the Western New
and Pennsylvania Railroad Company, appealed
by the railroad company on an error TO the
Common Pleas OF Mercer county. The suit
was an action in eiectment brought to recover
a piece of land in possession OF the railroad
company, and was decided in favor OF the
plaintiffs in the lower court
THE appeal of B. F. Brown and N. F. Stan
ton VS.. John Divitt and Smiley Fletcher was
an appeal from the Common Pleas Of Arm
strong county. Brown and Stanton had leased
some oil territory from John and Henry Knox
in Armstrong county. This they sold after
ward to John Divltt for 5000. This was settled
for, except sl6Ol Divitt assigned his interest
in the land to Smiley Fletcher. The last note
was not met, and Brown and Stanton brought
suit to eject Divitt and Fletcher from the
ground to enforce the payment. The defend
ants won, and an appeal was taken.
The appeal of John McClain ct al vs. the
city of New Castle, error to the Common Pleas
of Lawrence county, was an argument on the
right of the city to declare dam on the old
Neshannock pool a nuisance. The dam was
built by the State in the old canal days. 1t is
now largely owned by the appellants who use it
for furnishing water power for flour mill.
The city held that it was nuisance and preJu-
dicial to the health of the community, and the
lower Court sustained this view. One feature
brought out in the case was that mill operated
by water power had stood at this point since
1Sl7.
The appeal of the Unexcelled Fireworks
Company VS.. George Politics, error to Common
Pleas of Lawrence county, was an argument
on the sale of a lot Of fireworks. Politics
ordered the goods in February, lSSS and coun-
termanded the order in April. The company
claimed that it had begun to manufacture
them and sent them at the date fixed in May.
Politics refused to accept them, and they were
sent back. The case was tried twice in the
lower court. The first time the company won
and the second time lost, the jury being in
structed to bring in verdict for Politics on the
ground that sale and delivery were not shown.
On these instructions the appeal is based.
A RED COW was the cause of the suit between
Michael Shannon and Edward Minney which
was argued yesterday on an appeal by Shannon
from the Common Pleas Court of Somerset
county. The suit was brought by Shannon to
recover a red COW from Minney. Shannon
claimed to have bought the COW from Patrick
Kennedy but afterwards left it in his posses
sion. When Kennedy died Shannon went to
get the COW but Minney had her. Minney re-
fused to give her up and claimed to have got
ten her from girl TO whom she had been given
by Kennedy for services rendered before the
sale to Shannon. The case was decided in
favor of Minney and Shannon appealed.