Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-11-03
LEGAL NEWS.



The Supreme Court room in Pittsburg
was crowded with attorneys last Monday
morning, o batch OF decisions being ex-
pected, and they were not disappointed in
that respect as SO were 'handed down"
shortly after the gentlemen wearing the
black robes filed in.
The decisions made in cases taken up
from this county are as follows:
Porter and others vs. Vanderlin, appel
LIANT Order affirmed.
Barto VS. Guckert Steel appellants.
Judgment reversed.
Butler Co., appellant, vs. Department of
Public Charities Of Allegheny City. AT
firmed.
Bennett VS. The Standard Plate Glass Co.,
appellant. Affirmed.
Steelsmith's appeal from the decree of
the Z. P. Court of Butler Co. Decree
affirmed.
Appeal of H. B. Rice from decision of
Q. S. Court of Butler Co. Reversed.
McJunkin. appellant VS. Mathers. AT
frmed.
Boos, appellant, VS. Mathers. Affirm
ed.
Such are the decisions in eight of the
cases taken up from this county, and
twelve more cases are yet in the hands of
the Supreme Court.
of the lower Court stands good, and when
it is Reversed" the legal ruling of the
Court below is changed and perhaps new
| trial ordered, as the case may be.
| The Porter VS. Vanderlin case refers to
| the Sheriff IS sale of the Robert Vanderlin
property in Marion twp, for which Egbert
and Sheasly will now receive a deed, on
their bid at the Sheriff S sale.
| The Barto VS. Guckert & Steel case was
/ 81. oil nd
| how it construes the law will not be known
until the opinion is published.
The case of this county VS. Allegheny
| City was one of jurisdiction arising out of
the proceedings here in the y. Seton
| lunacy case of five years ago.
The case of Bennett VS. the Plate Glass
Co. was regarding Benefits verdict against
the company tor 50, 500, which will have to
be paid.
Steelsmith's appeal was regarding an oil
property transaction with Sutton.
Rice's appeal was from the decision of
the Court here, refusing him the office OF
Supervisor of Cranberry twp. to which he
had been elected.
NOTES.
Civil Court begins next week, and under
the new rule fixing certain cases for certain
days, the trial list will be as follows:
MONDAY.
John Neeper VS. Eli Moore ct al, Exrs.
Jeremiah Dufford VS. John Beighley ct al
Iva Bryan VS. Albert Godfrey, guardian.
TUESDAY.
Nancy Bryan VS. Al, Godfrey, guardian.
Mrs. NJ f. Altman VS. 6. G. Bells ct al.
Adam Blinn VS. James Burns.
Joseph Black VS. Matthew McGregor.
WEDNESDAY.
E. A, Totten VS. W S. Williams.
A. G. Egbert ct al VS. Hundred Foot Oil
Co. ct al.
Robert Vanderlin VS. Monroe z. Hovis.
/. W. Scott q Go. VS. J. A. Parker ct al.
THURSDAY.
Thos. A. Sinner VS. Thos J. Mcbride.
James Hazlett VS. Chas. Mangel.
J. Harvey Miller ct al VS. Miller Bros. d.
Co.
Ii. D. Clawsou VS. II. A. Slider.
FRIDAY.
John Duffy ct al VS. j. A. Ericsson ct al.
H. d. Clawson VS. Ii. A. Slider ct al.
G. A. Snively VS. Il. A. Sidler ct al.
n. Dambach d Son VS. Adam Rember ct
al.
No cases are put down for Saturday, and
if the Court and jury get through with the
above nineteen cases they will do good
weeks work. The session will continue
for three weeks
Letters of administration were granted
to Susan Reed on estate of W. e. Reed of
Butler.
The Co. Commissioners expect to have
an 49,
The curtains will 20 out with the tickets.
A Hungarian of the 1st ward is in Jail
for whipping his wife.
Saturday, Nov. 4th will be the last day
for filing accounts of executors, admins
traitors and guardians for next term.
Esq. Anderson has entered judgment VS.
William Ritchey and in favor of Jacob
Schulmeyer of Mlddlesex twp. for $14 and
costs on the pig case.
Mrs. Gertrude Tibbals has petitioned
for divorce from Edward W. Tibbals.
Among the decisions handed down by
the supreme court at Pittsburg recently
and of interest to farmers was one relating
to partition or line fences. 1t has been
held by many eminent lawyers that when
the fence law of 100 with regard to out
side fences was repealed in 1889, that the
act Of 1912, which required the erection of
line or partition fences, not being specified
in the act, continued to remain law. On
the other hand lawyers of high standing
claimed that the act of 1912 was repealed
by implication when the act of 100 was
| removed from the statute books. But
Judge Mcclure held that the law of 1912
is valid and Judge Dean has sustained him
| in this view, the point of difference being
where the supreme court held that in the
case of Barber VS. Mensch, that the defend
ant should have seen that there was suffi
cieDt fencing to keep in his own cattle;
notwithstanding the fact that there had
existed between the litigants the agree
ment for each to keep one-half the fence.
Hereafter, then, according to Judge Deans
decision, man who wishes to pasture cat
tie must see that the whole partition or
line fence is sufficient to keep his cattle on
his own premises, with the right to recov-
one-half the costs of the fence from his ad-
joiner. IN other words the supreme court
holds that all agreements between parties
for the maintenance of one-half by each
will not stand, and that the man who
wishes to pasture his cattle must see to it
that they do not damage his adjoiner. In
cases where you have already built your
half under an agreement your only remedy
against your adjoiner who refuses to build
his half is to construct the fence and
then put viewers on under the act of 1912
to recover the cost of your adjoiner's half.
j. Il. Bole and Mrs. NJ. E. Bole have
brought suit in ejectment VS. C. A. Osborn
for tract of land in Millerstown.
w. D. Brandon has brought suit in eject
ment VS. Mrs. Rose Zlegler ct al for 53 acres
in Connoquenessing twp.
LATE PROPERTY TRANSFERS.
A G Croll ct al to L ] McQuistion Ill
acres in Brady for 1884.
w S Montgomery to Edward Montgom-
cry and he to Grace Montgomery lots in
Butler for ST..
l. W Zuver to Hannah Wallace lot in
Butler for $4,000.
Sophia Burchfield to Eliza J Blakslee
lot in Butler for $4,000.
Ada Story to Abbie Sutton lot in Butler
, for $780,
Jas Hazlett to Ed Oesterling lot in
Butler for 800.
Chas J Goehring to Jacob Ii Cradel ct al
135 acres in Lancaster twp. for $4075.
Annaliza Orr CT al to Jas L Jewell lot in
Butler for 5000.
Jas f Jewell to Jane Mosier lot in But
Ter for $30l
! JD Albert to ] II Mcclure, lot in Pros
|, pect for 500
John Duffy to Mary Ann Duffy, 55 acres
and 18th of II acres in Marion twp. for
So, 500.
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