The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-17
CIVIL ARREST CASE.
august Mascher Restrained BY
His Creditors.
Z WAS GOING TO VICTORIA.
1-rtsv winehIIi's Contractors Up for
ce.t<mps-Ipjunctions Against se-
atfle 4 Montana-Nsw Suite.


Aus. Mascher was yesterday arrested for
n on . warrant ordered by Judge
fichsenberg. upon complaint Of ]. H. Roth.
~ d the only case of civil arrest that has
- eome before . court Of the state, and
s.nes within the only exception OF the
.srsiOu Of the constitution providing that
sssre shall be no arrest for indebtedness
.~rrpt 10 the case Of an Ascending debtor.
- f.cts as presented TO the court were Is
ssI,ovs: Mascher was the proprietor OF .
.sIoon on Commercial street. He gave his
-. 70 the plaintiff for 500 last
Jsne. payable in ninety days. A
- time since he sold ont
9 lis property. and announced that he
- eoing to British Columbia. The
.i1intiK, learning of this, requested him to
- or secure the payment of his note,
rhjch IS NOT yet due. Mascher repeatedly
rfused to do either. Last Friday he drew
4 bis money from the bank. and said that
u would start that evening for Port
lsvnfend, and proceed TO Victoria. After
Elrsvinr his money he Crew from his
eoekets both hands full of twenties, and
sboxed them to Roth in tantalizing man.
=. telling him that be was going TO Vic
m. and defying him to get his pay. Roth
supIoyed Peterson q Pennefather, who
lnmediately made an application
a. warrant for civil arrest,
mo- proper showing to the
eurt The sfadavits could not be pro-
eured in time to get the warrant before the
NJ departed Friday evening. but It so
hoppened that Mascher was detained until
Yesterday morning. Before the Victoria
nj left he was arrested and taken into
Euurt. HIS bond vas fixed at 1915. Upon
dving bail be was discharged and is now
fss to 60 to vicioris.
coYrEMPr OF COURT.
Judge Lichtenberg yesterday afternoon
buued bench warrant for the arrest for
pnsempi OF court of James ~ McGill. o.
Dsvoe, Frank Martin. Frank Fiber
land Robert Spears. Their off-nse was
Is violating = restraining order issued
b be court against Gustav winehiil al.
upos complaint OF the Friend-Desginger
Importing Company. The compiainants
aleee that they have a lease for three
yesrs OF the corner store-room in the
luSra house building. The defendant has
kosed the basement under them and is
emitting stairway through the sidewalk in
smanner obstructing the plaintiffs show
window. The court restrained the defend
|ms from proceeding with the work and
Deputy sheriff Crabfree served the order
3he contractor refused to heed It, saying
At Winehill had told him not to, agree
- 10 shield him from all trouble. and
|ept his men at work. A bench warrant
ms Immediately ISSUED for their arrest.
~ before it was served they had quit
prk and gone home.
ms. ALIENS MORTGAGE FoREcLosEp.
The case Of Eleanor Allen VS.. George @.
Men ct al - suit for the foreclosure of q
dnttel mortgage. was tried before Judge
Hh'enberg yesterday afternoon and even
- The court held an evening ses-
- to hear the argument, which
nd until II O'Clock. The
III In this case. Is shown
~ the testimony. are that Mrs. Allen
laned her husband 81 500 TO enable him to
Ep into the drug business. She demanded
8 him security by chattel mortgage on the
|rock. and be granted 1t. He was in
khasd to the Stewart Holmes Drug Com
my for $665, and to Smell, Heitshu
- Woodard. Of Portland. for
[A for goods. Immediately after
- mortgage was filed these creditors at
ehsd his stock. The attachments were
brwafds dissolved. and afterward re-
ssatsd. The attaching creditors resisted
y ioreclosure of the mortgage on the
ground that II was fraudulent and given to
defra1d them. while the plant #
md her husband maintained that
hsc gwen In good faith. 10 secure bona
Pc Indebtedness. The court found that
An- Allen possessed q separate estate.
non shich she loaned her husband S, 400,
nd decided that she was entitled to that
mount The stock has been sold at re-
eiser's sale. The case will go to the su-
rene court.
u CONSTRUCTION RESTRAINED.
5aSRe Lichtenoerg yesterday granted
- restraining orders against the SEATTLE
Aontana Railroad Company, in favor Of
= Rainier Mill Company and Charles w.
sssn. The Rainier Mill Company alleges
the San Francisco Bridge Company
oehaf OF the defendant. are about to
- iine of piles for the road in deep
aaer about fifty feet beyond the edge Of
Plaintiffs wharf, cutting off their
1cess to the sea. The com plant
.aes that costly improvements have
made upon the property
ne plaintiff. six lots in Kinnear's addi-
en ana that they have no other means of
scsss to the sea. The court restrained
aeiendants from proceeding with the
ak pending the hearing of the cause.
re Donohue, upon complaint OF
sass'ss w. Smith, were also restrained
90 cutting through the property of conf
hnsnt at Richmond beach in the con-
aeton OF the railroad. The complaint
- that the grade would necessi,a.e
saen ten feet deep for distance OF 5000
through the property, damaging is
N0n The place is now valuable as a
amer resort, for which purpose it would
xaestroyed by the cut. The hearing was
kiof August =.
sebGE LIcHESBERe's VACATION.
sacee Lchenberg, who has been sitting
80 constantly during the vacstion.
= led to short respite before its
oh september l. and will next week
peFhsps the week following be absent
me city. Judge Hughes or Judge
.aon vii be present 10 hear all matters
- may properly come before them. Some
aeasless cases that have come be-
ns surerior court have been heard by
Lachenberg during the vacation.
THE DAYS FILINGS.
sak Jamison flied a suit for s., 500
against Henry Rookmark for in
-. sustained BY falling derrick, while
.ne Tor the defendant on the Madison
~ Pavilion.
Il Curtiss fled suit for divorce
~ Henry Curtiss on the ground OF
apport They were married in Min
in 1872
= n Finland phsi1,r. a yV.isk