The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-18
PLENTY OF NON-SU|TS
Three Cases That Did Not Go to a Jury on
Account Of Fatal Weakness.
why ACTIONS were BROUGHT
City Failed to Make Out Cases in the
Action to Recover From E. F, Boyle
and D. j. Campbell on Municipal
liens-A Nom Suit Granted in the
Jermyn.B Black Case-Morss Cases
Will Be Argued Today. ..

Three nou-suits were granted by
Judge Archibald yesterday, The first
one was in the case of the city OF
Scranton against L. 4. Boyle an action
to recover on municipal lien.
Mr. Boyle owns property at Pine
street and Lss alley and the city sued
to collect an assessment Of $3.50 for the
cost Of laying the Lee alley sewer At
torneys T. J. Duggan and Connolly &
Davis appeared for Mr.. Boyle and City
Solicitor James II. Torrey and Attor-
ney John p, Albro appeared for the
city. Mr.. Boyle objects to paying the
assessment on the ground that it was
not made according to benefits.
The city failed to get in evidence any
paper which showed that Mr.. Boyle
had been officially assessed for the
sewer and In consequence non. suit
was granted on motion OF the defend
ants attorneys.
ANOTHER NoN-sUIT FOR CITY.
The case of the city against d. j.
Campbell was next called. The city
sought to collect $915 for the same Lee
alley sewer. Mr.. Campbells property
is at Gibson street and Lse alley, and
he objected to paying the assessment
because he had previously paid for the
Gibson street sewer and had his prop
erty connected with it. A non.suit
was granted for the same reason as in
tho Boyle suit
Tho suit of John Jsrmyn against 4.
A. Black was the next called for trial.
Ex Congressman Lemuel Amerman ap
pearsd for Mr. Jermyn and Attorney
7. f. Wells for the defendant. On
July /, 1888, Mr. Jermyn rented the
store room at 800 Penn avenue to Mr..
Black on two year lease at rental
of 500 year. Afterwards Mr.. Black
rented the.rear portion of the adjoining
store for $500 for year and made Il
parole agreement for continuance Of
the original lease with Mr. Jermyn.
Mr. BLACK VACATED.
On Dec. 81, 1890 Mr.. Black vacated
the premises, and some time later Mr.
Jermyn sued to recover 81, 63327 fol
rent dus up to the time Of the expira.
tion of the verbal lease After ths
testimony for the plaintiff was all in a
ou.suit was asked for by the defense
and granted on the ground that the
agreement of lease between the par.
ties WAS parole one exceeding three
years and hence held at the will of the
lessee only.
When court adjourned for the day il
No. l the case of Michael Henry agains
Bsamish & Biglin was on trial before
Judge Archibald. The plaintiff is rep
resented by Attorney E. c. Newcoml
and the defendants by Attorney r. j
Beamish. Mr.. Henry says the defend
ants owe him $544.50 for work don
and material furnished for sewer they
we're building at Green Ridge in the
summer of 1890.
The defendants claim a set off that
will balance Mr.. Henry's bill agains
them.
WILL BE ARGUED TO-DAY.
The Morss case continued to occupy
the attention Of Judge Gunster and ;
jury in court room No. until 3 80 yes
terday afternoon, when the testimony
closed. Court adjourned then unit
this morning to enable the attorney
to prepare the law points on which the.
will ask the court to charge the jury
The argument will be made this morn
ing.