The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-06-19
DONE IN THE COURTS
Common Law Question in
Equity Department.
RIGHT TO DISTRESS ron RENT.
The Csurf nsias That the Hfshs nses
Ses Ixist-Astsrneys PLEAD fer
. vsestasa- Notes.

Judge Lichtenbers last evening rendered
IN important decision upon the question OF
tne night Of landlords 70 distress for rent
under the com mon lae, the court holding
mat fhat righy does not exist. betnx the
hrst occasion in which that question has
come before court Of the stats. The de-
e'siou Was in the case brought by Land
lords AcEswaine and CarYaher. citing Ten
AIT Margaret Mckinney, and Barbara Nc
hensie. 70 whom she had sold her
nousenoid goods while in ar
rears for rent. Barbara Mckenzie
had paid but $50 on the goods and the
sheriff seized the goods in satisfaction Of
Inc deferred payment OF $500 The land
lord took possess,on Of the goods. and this
suit Was the result jon r. Lyon appeared
Tor the landlords and J. II. Alien for the
defendants. The judge in giving his decis-
ison held.
First-That II the right Of distress for
rent exists. il exists under the original
common Jaw form, modified By statutes.
Sscond-Tbe common Law means of en-
forcing that night IL repugnans to the spirit
the constitution Of the state of Washing
ton.
Third-If IL does exist there would b
chaos IN enforcing thAt right.
Anorher fact considered by the court
was that in our sister states of the coast,
Oregon and California. it has been praeti-
caliy decided that the right does not exist
PLEapiso FOR A VACATION.
The following petition Was handed 10
Judge Lschienberg:
To the Hon. L J. Lichtenbcrx, J. A. ssratton.
Af4dT uer-x - -. -
King county. Washington:
We, TIRE undersigned. members OF the bar 81
said King comfy. respectfully PETITION your
hoaors that rule be made by the courts that no
casss be st for thai between the 18th day of
July aud the LIST day OF September. $3.50; aud
that no ia iicial business whatever be trans
acted during said Period except the hearing Of
necessary motions and matters of emergency. 20
that the members, both OF the beach and the
bar. be allowed necessary rest during said
period. aud yccr petitioners - In duty bound.
viii ever pray:
james Hamiitcn Lewis. White 4 Munday. D. ".
Bass. G. u. Hill. O. Jacobs. II. ]. Jacobs, C. X
Jenner. Boyd J. Tailman, Z. r. Blaine tfsr
August. p. r. Carroll. Me,caif. Turner & Bur-
leigh, Arthur. Snrivgs 4 Logan. Ebcn Smith.
James Kisfer, Roger 5. Greene, J. T. Ronald.
Ronald, Plies & Roifc. Sruve. Haines & Nc
Mickcn. o. W. Phipps Alien. Palmer 4 ssiy,
Preston. Carr & Preston. Peterson & Pennc-
father. Negle. de sieiguer 4 Ryan. George J.
Klsen. John H. Elder. l. c. Gilman, w. Lair
Hin, w. r. Andrews.
No action was taken on the petition
THE judges will hold conference for the
purpose Of ascertaining whether or not
such vacation can be agreed upon.
SUIT FOR POSSESSION.
The case OF Anna Sophia Bsygger, execu-
trix OF the estate Of NJ. Erygger. VS.. John
Keen. was tried before Judge Lichtenberg
and continued until this morning The
plaintiffs suit is for the possession OF a
tract Of land in section IL, township IS
north. range 5 east. and for an order re-
straining the defendant from interfering
with the possession OF II.
IN THE UNITED STATES COURT.
The Indian indicted for selling intoxi-
cants TO other Indians under the name of
Charley Copeck, was arraigned and
pleaded not guilty. w. II. Llewellyn was
appointed and sworn IS interpreter Of In
dian testimony. Charley did not recognize
the name that had been given him in the
title of the case. 1t was found that be had
been christened 30 by United States Com.
missioner Emery at the preliminary ex-
animation. Charley. in answer TO the
question - to what his other name was,
answered, "Kopet." meaning in his Chi
nook vernacular, mo more" or II have no
other name" Judge Emery. ripe Chinook
scholar as he Is. thought he was giving his
ps,rony mic, and put it down approx
mateiy. "Copeck."
Judge Hanford passed sentence OF fine
OF so and costs. for selling liquor to In
dians, upon Michael Lapton, Matt Ryan,
William O'Brien and John Smith.
Alexander Ogilbie was fined $50 and
sentenced TO one months imprisonment
for the same offense.
For smuggling opium John kitsal was
sentenced 10 SIX months imprisonment.
Albert v. feelings eight months. and Frank
Brown seve, months. At McNeil's Island
The grand jury found true bill of in
dictment against Thomas Cain for selling
LIQUOR to Indians. No true bills were
found against J. r. McComber and Ed
ward Lucas Thing.
The timber trespass case against Thomas
Beeton, for eating timber in Kitsap
county, was dismissed. as ii was found
that be had cut the timber on land upon
which he had tiled.
Port BIakeley Mill Company was settled
by stipulation.
ksILnoAp DAMAGE srfr.
The ease of Sophia Lsnse and Agnes
LANCE against the Puget Sound shore Rail-
road Company, to recover Sio,lSo, was
called by Judge Stratton. Tue case grew
GU, of the killing oil Nartyn LANCE tthe
husband OF plaintiff. Sophia Lange. and
father of plaintiff, Agnesl, on tue I'D Of
April, 1850 The deceased was on his way
from his place OF business to his home,
walking upon the railroad track just south
OF Grant stree. bridge. near Orleans street.
when the engine struck and killed him
The plaintiffs claim that the cars were
going at an unlawful rate of speed. The
deEena ants deny that the train was going
faster than allowed. and claim that LANCE
had no business walking upon the track.
A large number Of south Seattle people
testified as to the custom of the people OF
using the track as a highway. The testi-
mouy Of the plaintiffs Was no, all IN when
SQUIRT adjourned.
A ONE DOLLAR yKsnTcT-
The case Of John sagnleistsr VS.. Jensen
4 kocn was tried in Judge Hunes' de-
partmeat. and the jury found verdict for
defendant Tor 81. The plaintiff sued for
$3.50 Tor putting in bar and fixtures. The
defense ed . contest claim for ron per-
Torrance of contract in time. quality of
work, etc
An ATTORNEY ADMITTED.
William T. Scott, holding certificate of
the circuit court OF Indiana, was admitted
20 the bar by Iadge Ischtenberg
pAxseE ros AZ ssssutr.
The trial Of the case Of JOAN sagmeis,er
vs. William Jensen was begun before