The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-04-02
THESUPERIOR COURT.
Trial Of ! Case d Over Five
Years Standing.
~ IMPORTANT STIPULATION


p<ft9f GU3H fe&N{uax 49, S<te -
Carrie Franklin aesinst Sheriff J. H Nc
6rsw vas again on trial-
This ia IN action far the ALLEGED wrongful
foreclosure AZ Z chastei mortgage, the
Y3asntin suing for $50 alleged value OF the
urnr~rtv forecIosed and 500 damages
It has been IN the courts for years. and
Was begun in March. fsS5. The chsssei
mortgages vas given by Mrs franklin 70
Governor Ferry and subsequently assigned
ssy him TO Andrew Merchant Because OF
tise facf that the attorney for Merchant had
some doubt - 30 the power OF an asslgnee
under the statutes to foreciose . chaftel
mortgage By notice Of sale. be obtained
permission from Governor Ferry 10 have q
notice given and sale take pisce under his
name.
After the sale Of the goods Mrs. Frank.
In brought suit against sheriff Mcf;raw
Tor wrongful conversion Of property. and on
saturday night. April s. 1855. At about
30 O'Clock, the court adjourned while
TIE esse was on trial before q Jury. The
following Sunday and Monday the Chinese
riots took plsce. and By reason Of martial
Law. which followed, that term OF court
lapsesi without the jury having been called
together again.
Jury while Chief Justice Jones was on the
bench The Jury rendered verdict for the
plaintiff. which was sss aside and new
trial granted BIZ judge Jones because OF
wrongful admission OF testimony at the
trial.
At The close OF the trial nothing was
done until the suit Was brought up yester-
day. II was claimed by the plaintiff that
The mortgage was given not only without
consideration SO far a. Mrs. Franklin
Was concerned. but as an accommoda-
tion 70 Merchant, who refused TO pay
the note when due, and save Mrs. Frank
lin from liability II was also brought out
that after the note became due. Richard
Merchant furnished his brother Andrew
with money with which 10 buy the mort.
gage from Governor Ferry. and also that
ihs Two brothers. by collision and fraud, had
secured the assignment OF the mortgage
from tsovernor Ferry and the sale under
foreclosure proceedings ~ before stated.
The defendant testified on tho ground
that he was acting as sheriff Of the county.
and had no knowledge OF any
fraud on the part Of the merchants, If
fraud there was.
This was the substance OF testimony.
go O'Clock with instructions to return a
sealed verdict
AZ IssuxcrIos pissoLvEp.
by the terms Of an agreement perfected
yesterday between the city and Mr.. Ii. l..
yesler the restraining order issued . few
days ago enioining the city from widening
Railroad avenue Ii dissolved. The city will
pay $2.00 and viii allow Mr.. Yesler to
occupy for ono year the position OF the street
on which the Ye~ler Lumber Company g
Office and The Puget Sound Machinery
Company's Office now stand. Mr.. Yesier
viii nos interfere with the portion Of the
street already opened. and 1t the end Of .
year will remove At his own expense all Of
the present cncumbrsnces.
AspsAL SER rog paxAsxs
Before Judge stratton yesterday the
case Of r. G. Walsh and J. X. kimball
against Duncan Graham. for damages.
on IN appeal from Justice Rivers court,
was ON trial. The plaintiffs up TO septem-
her =, tSs9. were In possession Of the prem
ises at III Farm street. They alleged that
on that day the defendants, who pur-
chased the premises, took possession Of
certain household goods Of theirs valued at
500. and removed them wholly without
their consent BY the retention Of the
goods plaintiffs declared that they have
been damaged to the extent of $3.50. II
sss fer the conversion of these goods that
the suit was brought
Plaintiffs testified that they bought the
household goods and that the defendants
converted them 10 their own use without
any authority whatever. The defendant
testified in effect that the plaintiffs
never demanded the property and could
have had Il any time they cared 10 come
after II. II was brought out that the goods
had been removed from ths house which
the defendant had purchased and moved
into, aud stored in another, although the
plaintiffs could have had access 10 them.
The case was decided in favor Of the de-
PENDANT after which decision . notice OF
motion for new trial was given.
sswKIav AUCTION swfSpIxxs.
The suit OF A. schulsinger sgsins, Jacob
Price. Frank Robinson and George
Abrams. the swindiinx Second street auc-
ton firm. dealers In brass watches and chesp
tewelry. Was again before Judge Lichten-
berg. The court ordered thar the goods
selected from the stock Of the defendants
BE- held as surety. pending settlement Of
plaintiffs claim. and be delivered to the
clerk of the court The court took posses
sson Of the hrm's account hosk pending
criminal hearing. AZ . late hour yester-
day afternoon N. korn and III. Rosenshal,
snscties for |. Kosenthsi. receiver. were re-
leased or their bonds from further hahsl.
isy. No lime has yet been set tor trial on
The criminal count bat il viii be brought
MP soon after the district attorney issues
IN Information against the defendants.
SER PCS rsyoxcx.
Emil iammatsseh has been sued for
divorce hy his wife Ansosaia Isanamstxsch.
she alleges that they wore married a,
Kiesnsscheeher. Ssxony. November. Issl
she charges him with cruelty towards her
~ San Francisco in 1854, since which ti,ne
they have been Separated lie has con
istoateu nothing towards Der support in
the meanwhile. and she therefore pravs
TOE decree.
NV suTrs vslke.
heasn Nalsun. Hester Nalson. minor
heirs OF A. W. Maison. aud sarah y MAJ.
som ara defendants in salt through, b.
We cay for TIE recovery Of ssTa0s Tie
sun - alleged 10 be due tos materials and
iaeor furnished by the city in building :
Sidewalk IN front Of desensiants' prorxrt,,
uassr provisions of ordinances eI-
rsssed May. fssA providing lar
- collection ef assessments to-
oFeef improvements. Under this A.,
pseanns constructed Sidewalk on sseh
sasse 81 James street. eetween Third arr
toarth streets, 10 the east side az Rrs,..s.
vav. Judgmsnt is asaeA ser . l;.r s''ss.