The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-09
NONE IN THE COURTS.
|rl.rtric Road Wins It's West
Street Suit.
<.alE AND DoNAHuE CONTEMPT
- the Partners Released-Nrichael
raniips' Liens Foreciosed-Whatcom
rrespassers Observation-Disclosures.

~. .reument in the case of the applica-
- a Eliza J. Starr for an injunction re-
r..;rine the West Street & North End
rscsr,c Railway Company from laying
.sset in front of the plaintiffs warehouses
: west street, was concluded last evening
40 and Judgment rendered by Judge
t:.b,rnperg denying the injunction. The
/ ..ncluding arguments were made by George
\ ssorxofth in behalf of the company and
s.dge Greene for the plaintiff. Onefof the
,,;pcipal grounds advanced by the plaintiff
=. that the electric railway does not come
sader the category OF horse railways,
Inf IS In the case of the erection of steam
\ ..;lxsys in streets, entities the abutting
srners to damages. Mr.. Donworth pro-
\ ssced A recent decision from the Rhode
lsaud supreme court, wherein the electric
,silxsy Is held to be the successor to the
sorse railway. and Judge Lichtenberg SO
I ried-
TIE MICHAEL PHILLIPS LIENS.
The case OF Fobian S. Putvin VS.. Friedo-
\ /, Wilhelm. Michael Phillips, ct al, which
\ has been pending all summer and been up
l ssr hearing several times before Judge
l order appointment of receiver. ETC., was
l snsly disposed of yesterday. The action
I vs originally d suit for the foreclosure of
1 MECHANICS lien for S., 1856. brought by the
| p;sntiff for brick furnished Michael Phil
| Ips for the erection of a building on the
oorner of Fourth and Washing
sop streets. on ground leased from
rrieaolin Wilhelm. The property was
| kssed TO Carraher q McElwaine for
ti.een years. They transferred their
kase to Michael Phillips. who erected the
bulding. Since the suit was filed six inter-
rning claimants have been made defend
ants against PotvIn's claim. The court
lound the plaintiff and the six intervening
enmants entitled to foreclosure of liens,
al liens being of equal rank. The inter-
wntors took exceptions to the ruling of the
curt as to The rank of liens.
fHE EARLE DoNoHUE CONTEMPT CASE.
Earle & Donohue, the contractors of the
Seattle & Montana railroad. arrested last
saturday for contempt of court, in violat-
Ing q restraining order, enjolning them
against cutting the roadbed through Rich
nond beach. we're brought before Judge
Lchtenberg yesterday to show cause
Why they should not be prosecuted
Tor contempt of court. 1t being
shown that Mr.. Donohue was at another
camp. be was discharged. Mr.. Earle testi-
fed that be put his men at work there be-
lsving that the difficulty had been adj
insled, having been so informed by
Enginneerl Barnes. The hearing was
continued until next Friday, when Mr..
Barnes will De brought into court. Earle
SHIELD under $3.50 bonds.
4 AGAINST wHATcoM TREsPAssERs.
Thirteen cases were filed in the United
stsies district court by Thomas d. Slim
son, Of Chicago, against various trespassers
on timber claims and prescriptions in
Nhaicom county, which the plaintiff has
stcquired by purchase. The lands are
located in township 81 north. range east
The defendants are Charles S. Rice, Joseph
B Clark, Michael Cannon, Byron Rice,
Alonzo Ransom, jr.. Edward L. Gandette,
Thomas w. Moore. jr., Carl I'll. Pomeroy,
Levi L. Blake, w. 4. Singer and John E.
Rice. The complaint alleges that these de-
isndants are burning and destroying the
timber on the lands, and prays for $500
damages from each, and a perpetual in
Iunction restraining them from continuing
TIE destruction.
THOMAS BELL ACQUITTED.
Thomas Bell, charged with stealing
. gold watch from James d. Bothell
last month, was acquitted by the
jury in Judge Humes's department.. in &C
cordance with instruction of the court.
Prosecuting attorney Carr. being unable to
find the prosecuting witness, moved to
have the case dismissed after the jury had
been impaneled for the trial of the case.
NEW FILINGS.
Phillip u iller brought suit against w.
J. Bryant ct al. for $3.50 so on account
Gertrude Benton filed suit for divorce
against Albert B. Benton. on the grounds
Of cruelty and non-support. They we're
married in Michigan in 1876.