Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-11-04
SCORES OF OPINIONS
HANDED DOWN BY THE SUPREME COURT
YESTERDAY.

terday AZ opinions were handed down, each
of the Justices contributing his share. Forty
five of the cases were from the Western dis
trict, and have been argued during the pres
ent sitting. The other two were from the
Eastern district None OF the cases decided
were from Allegheny county.
Illustrative of the amount of work that
reaches the Supreme Court, was q remark
made bv Chief Justice PaIson. He said that
he had been on the Supreme Bench l6 years
and had just reached his ten thousandth case.
OF the cases disposed of yesterday. the ma
jority were of minor importance generally,
though several we're important and Of interest.
In the appeal of James S. Bracken from the
decree of y. c., Cambria county, Justice Green
sustained the appeal and reversed the lower
court. The appellant was one of the heirs to
property. and after accepting the distribution
of the auditor. he flied exceptions to his ac-
count. The principal of this was bill of SLID
for the work. The defense averred that he
had accepted the distribution, which barred
him from further interest in the estate. and
thereby left him no status in court. Justice
Green held he had the same interest in the
estate, as his share of il was named by the will.
and his standing in court was beyond question.
AS to the fee of Sis in the opinion of the
Court, it should not have been more than S65
as there we're but six sttings in which testl-
mony was taken, and that was reasonable
Slagle handed down last Saturday. in a like
case, fixes the fee at exactly the same as does
Justice Green.
THE. RIGHTS OF A WIDOW.
Justice Williams reversed the Westmoreland
County o. c. in the appeal of Mrs. Wilson
from the distribution of the administrator Of
her husbands estate. The rights Of the widow
is a choice of one of two things, will or no
will She must accept or reject the provisions
of it, whether she is named in 1t or not and
must not presume there is a will for conversion
and no will as to the share she shall receive, OF
the amount of benefits she can claim.
Justice Green affirmed the judgment of Bea-
yer County c. P. in the appeal of the executors
of John Albert Ferguson, the right to collect
collateral Inheritance tax on the property of
an heir of the same name. The latter is an ile-
Ultimate child adopted by the decedent by
special act of Assembly. The lower court held
the act did not legitimatize the neir, and that
adoption did not place him in the position of
one born in lawful wedlock.
In the appeal of 6. Z. Cruikshank, convicted
of larceny in Indiana county. the appellant
was ordered to be given in the hands of the
Sheriff. thus affirming the lower court.
The appeal of Wayne township poor district
from O. s., Armstrong was affirmed. John
Ellenberger. pauper resident, with q woman
and three children, moved into an adjoining
township, and were returned. The fact that he
had wife living developed the fact that the
children were illegitimate and the woman had
no claim on him. Thus the poor district held
they could not claim a residence there which
was sustained by the court
The appeal of Charles T. Schotte from c. p,
Armstrong was affirmed. 1t was to recover on
a contract made in 1886 for the payment of
money within ten years" The plaintiff
alleged it meant in that time IF he required
il" but the lower court held the contract
would not be violated if not paid until the
limit This was affirmed by Justice Green, who
remarked, "the plaintiff has made very fool
ish contract, and We cannot help him."
Chief Justice PaXson handed down an opinion
refusing the application of George e. Spar
q
Quarter Sessions Court of Mercer county to
grant him retail liquor license. Judge Me-
hard, who refused the license, gave his reason
for so doing in full. He SAID that the appli
cant was a citizen of temperate habits. good
moral habits, and that his house was good
hotel and necessary for the accommodation of
strangers and travellers Also that the bor-
ough of Greenville, in which it is located. has
not licensed house, nor is there one within II
miles of it.
NECESSITY OF LICENSE
remonstrance was filed against the ap-
plicatlon, with $40 signers, stating that Incense
was not necessary. while a petition in favor of
the applicant with AL signers claimed it was
necessary. The court weighed the case on Pc
tition and remonstrance, and decided a license
was not a necessity, and SO refused it.
Justice PaxsoD, in his opinion, said: 1--WE
have decided repeatedly, and in language too
plain to be misunderstood, that the granting of
a license to sell liquor by retail rests in the
sound discretion of the court below. This dis.
erection, however. is legal discretion to be ex-
ercised wisely and not arbitrarily. A Judge
who refuses all applications for Incense unless
for cause shown, errs as widely as the judge
who grants all applications" In conclusion,
the mandamus was refused.
Chief Justice Paxson affirmed the decision of
the lower court in the case of Lavina s. Hobb
ct al against the kittanning Insurance Com.
pany, appealed by the defendant from the
Common Pleas OF Armstrong county The
case was an action on policy. and judgment
was entered against the defendant for want of
a sufficient affidavit of defense. Chief Justice
PaXson ruled that the affidavit of defense was
not sufficient and affirmed the Judgment
Justice Mitchell dissenting.
Justice Clarke handed down an opinion re-
versing the lower court in the case of George S.
Veon against Patrick Creation, appealed by the
defendant from the COmmon Pleas of Venango
county. The suit was for damages for injuries
to the SON of the plaintiff. He purchased liquor
from the defendant while intoxicated was nut
out of his saloon. and. wandering onto rail-
road track. was struck by train and one leg
and the foot on the other leg cut off. His
father cared for and paid the doctors bills etc.
and sued Creation to recover them He OBJ
tanned a verdict and the case was appealed ON
the ground that the fat her had nc right to bring
the suit, the SON being over age and able him.
self to sue.
Justice Clarke said in his opinion that had
the son while so intoxicated DESTROYED his
fathers property. the latter might have main
tanned a suit for damages, but in the present
case, where a verdict was obtained ON the nlea
of the fathers responsibility for the care of
his son on account of the possibility of his be-
coming charge to the poor district, such was
not the case and was too remote an Occurrences
TO be considered. In consequence the iudg-
ment was reversed.
STILL ANOTHER CASE SUSTAINED.
Justice Green handed down an opinion re.
fusng to disturb the verdict of the Quarter
Sessions Court of Warren county in the case of
c. NJ and E. E. SPHINX who were convicted OF
conspiracy for trying to put the wife of one of
them into an insane asylum The case was
appealed on alleged errors in the trial, but the
lower court was sustained and the record re-
mitted for the carrying OF the sentence into
effect.
In the opinion of Chief Justice Paxsou.
affirming the decision OF the lower court in the
case of Anderson against Oliver Bros & Phil.
lips, wherein a non-suIt had been entered he
said that when in the case of a non-suit there
had been no exception to the refusal to take it
of the evidence was not before them and they
could not review the action of the court below
upon any question arising upon the evidence.
Justice Green reversed the Quarter Sessions
Court of Jefferson county, in the case of Nc
Clure's appeal an appeal from an assessment
BY viewers for the opening of street. The
lower court was reversed on the ground that
four of the viewers were property holders and
interested, which disqualified them and was
fatal TO the proceedings.
The other decisions handed down are as fol-
lows:
Union Type Foundry KittannIng Insurance
Company; Judgment reversed.
Bondz appellant VS. Pennsylvania Company
from e. r. of Lawrence county; affirmed.
Mark, for use, VS. oslner. Appealed by plaintiff
Davis Shoe Company vs. kittanning Insurance
Company, from e. L. OF Armstrong county; af-
fTlnSd; fl TI1
.Clapp VS. Pinegrove township, from c. Z. of
Venango county; reversed.
Straw VS. Balantyne, from Z. T. of Armstrong
wilson vs. Wilson, from c. p. of Bradford