Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1894-10-06

CoURT PRocEEDINas.-The follow
ing are the entire proceedings Of the
Circuit Court since our last issue.
At Law.-Caroline A. Rhine VS..
The BALTIC. and Ohio Railroad Co.,
verdict for defendant, motion for
new trial, Court takes time to con-
slider. Decatur Hedges ct al VS.. Paul
Strausner, scire facias awarded
against defendant. Ditto, vs.. B. F.
Brady, scire facias against defendant.
Agricultural Insurance Co. vs.. b. q
O. r. R., dismissed at cost of plain
tiff. W. N. Wyeth vs. John Fitz,
rule for security for costs, and plea
of non assumpsi.. Peoples National
Bank VS.. M. e. Payne ct al, judg.
ment for $387.34. VIM. 7. Stewart
use etc. VS.. B. & o. R. r., leave CIV
en- to file amended declaration. Shat
fer & Buxton vs.. County Court,
plaintiffs exonerated from payment
of $67.50 erroneous taxation. G. IF.
Miller & Go. vs.. ]. A. Kuebler, plea
non assumpsit and issue joined.
Buxton VS.. Feidt, dismissed agreed.
Jacob Johnson VS.. J. w. Mcdonald,
dismissed agreed. State VS.. John
Hite, trial by jury, not guilty. State
of W. Va. VS.. John Hite, VIM. Ev-
ans and G.. W. Hill, defendants hav-
ing been found guilty in prior trials,
State declines to prosecute. State
VS.. Pergolia Sprinkle, plea of guilty
entered and fined $40 and costs.
State VS.. Joseph Grubb, trial by
jury, guilty, fined $40 and costs. D..
G. Westenhaver elected a special
judge to try cause Of Trussell VS..
Trussell ct al. State VS.. Elisha E.
Butts, trial by jury for forgery, gull
ty and sentenced to three years in
penitentiary. State VS.. G. W. Hill,
plea guilty, one year in penitentiary.
State, use etc. G.. W. Keesecker, ct
al, motion for new trial overruled,
judgment against defendant for $26
and costs. State vs.. E. e. johnson,
nolle prosequa. g
In Chancery.-W. T. Durham 5
admir- VS.. G. Ell. Miller admir- ct al,
order directing plaintiff to answer
petition within thirty days. E. B.
Faulkner ct al, VS.. M. 81. Laise, ct al,
receiver appointed for rents and pro-
fits of real estate and cause referred
to commissioner to ascertain what
real estate sold from tract conveyed
in trust. Bender Bros VS.. E. G.
Gain and F. F. Minghini, decree es-
tablishing lien of plaintiff and cause
referred to commissioner to audit
liens against real estate. O'Ferralps
admir- VS.. O'Ferrall's heirs, sale rati-
fed to purchaser and deed directed
to be made to him. Elizabeth Ken
nedy ct al VS.. G.. Berkebile, order al
lowing deed for real estate to be
withdrawn to be recorded. j. W.
Neer, ct al vs.. G. j. Thomas, D. G.
Westenhaver appointed special admir-
to receive rents of real estate until
plaintiffs debt is paid. Hastings VS..
MARBLE, cause referred to commits
sioner to distribute funds in admin
istrator's hands. j. W. Dodd vs.
Tuscarora Mfg Co., cause referred
to commissioner to settle accounts of
trustee. j. B. Snodgrass VS.. L. G.
Gerling, admir- ETC., cause referred to
commissioner to audit liens against
real estate of j. F. Welty. G. Fl.
Miller VS.. J. R. Brown ct al, decree
for distribution of fund in trustees
hands. 2. 7. Grove vs.. M. v. B.
Green, decree directing deed to be
made to purchaser of real estate and
distributing fund in special commits
sioners hands. Ann E. Butts vs.,L,.
G. Gerling admir-, decree distributing
fund and retiring cause from the
docket. Peyton's admir- vs.. Rice ct,
al, cause referred to a commissioner
to ascertain what real estate sold, to
settle accounts OF Especial com i, and as
cert'n the amount still due on debt of
R.E.Peyton. M.E.Trussell ete.vs j.
J. Trussell, plaintiffs filed petition
and decree entered referring cause to
commissioner to distribute fund, re-
port there under and another decree
confirming same and directing spec
ial commissioners to distribute funds
in their hands. Faulkner & Walker
VS.. L. G. Gerling admir- ETC., decree
directing sale Of real estate by spec
ial commissioners. E. Boyd Faulk-
ner vs.. James 7. Dunn, trustee au.
thorized to make private sale of real
estate. G. j. Faulkner's adm'rs VS..
Samuel W. Strider ct al, decree dis
tributing balance of funds in special
commissioners hands and retiring
cause from the docket. B. B. Ming
hini vs. Thos. Minghini ct al, decree
distributing money in hands of spec
ial commissioner. Henry Fitz ct al
vs.. John Fitz ct al, decree distrib-
uting fund in special commissioners
hands and directing deed to be made
to purchaser'of real estate. Myers
and Myers ct al VS.. John D.McCune
ct al, cause referred to commissioner
to audit debts against real estate of
J. D. Mcclure. Elosser vs.. Payne,
Court refuses to confirm sale made
heretofore and appoints special COM
missioners to make sale and in latter
cause injunction awarded to restrain
parties from committing waste. E.
G. Deck VS.. O. G. Tabler. ct al, re-
ceiver for rents and profits of real
estate appointed. G.. B. Jones ct al,
VS.. Jos. Wallace ct al, demurrer
overruled and leave given to defend
ant to file amended answer. VIM.
Parker vs.. D. W. Lee, leave given to
Oct. 7 to show cause why sale of
real estate should not be confirmed.
Catharine Feller etc. We. G.. W.Feidt
ct al, deed from John and Catharine
Fellers to G.. W. Feidt declared not
an absolute conveyance, and grantee
directed to reconvey same, and cause
retired from the docket
LITERARY NoTE.-T,e October Ro-
II L. L.