The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-03-07
That Is the Task Sci Before a Circuit Court
Jury.
The FACT HAS been DISPUTED
Leonard and Mulherin Say That the
Equity Improvement Company Did
Business in This CitY-This State
ment Is Denied-Verdct Of Jury
Will Decide Whether or Not Court
Has jurisdiction in the Case.

In the United states circuit court
yesterday morning Judge Bniiington
decided to let jury p 'ss upon and find
ns fact wh0ther or not the Equity
improvement company, of Winchester,
w Va, did business III this city and
vicinity of character that would
allow thniu TO be sued in thia district
of tho United States circuit court.
When the case of T. Il Leonard and
p. Mulhsrin against tho Equity In
provement company was called up on
Monday tho poiat was raised by cOun
sci for the defendant company that the
court did not nave jurisdiction, as the
defendant is West Virginia corpora
ton, and although 1t owned property
in this city it did not transact slch
character or measure of business rs
would allow them to be sued in this
judicial district
This position was attacked by Major
Everett Warren and Attorney s. b.
Price council for the plaintiff, and MS
this placed tho fact in dispute Judge
Burlington decided to let jury pass
upon 1t.
ONLY QUESTION IT WILL DECIDE.
Counsel for the plaintiffs wanted thu
whole matter at issue laid before the
Jury in detuil, md ifit Is found 40 fact
that the company did business in
this city, and therefore that the
court had jnrisdition over the
cause, it could then proceed to
ascertain what amount. il any.
was due the plaintiffs by tho defendant
company The question of submitting
the whole matter to the jury WAS ar
gued Mt longth by Major Warren, At
torney S B. Price AMI ex. Attorney
General r. W. Palmer. Judge But-
fington decided that he would only let
the jury pass upon the fnct np "a which
hinged this question OF jurisdiction.
Ex- Judge John Handiey Of this city
the president of the Eqlity Improve
ment company. WAS called to the stand
and said the company had accepted AS
payment of the capital stock it took in
it three lots at Wyoming avenue aud
Spruce street, thirteen lots on Pom
avenue, two on Vine street, and
an undivided one-half interest in fifty
six acres of coal land in Archibald, aui
sixty-fve acres Of land in Lackawanna
township The company owned thirty
six acres of land in Winchester. Va on
which the hotel prop 'rty il built 1t
has no business in this state and merely
holds the property it acc opted aS eapi-
tai stock. the sx-julge said he did not
serve the company here in any Off jial
caracity and that the company has no
official place of business in this judicial
district. He admitted, however. that
he collected rents for the company
property in this city.
SEPARATE BILLS MADE OUT.
Redmond Roche, bookkeeper for B
Z. Lsonard, ssia that his employer di,
work on the buildings at Wyoming 9
avenue and Spruce street at the in
stance of Judge Haudlsy. That gen
tleman directed him to make out tn
bill for the work to John Handley
president. The plaintiff rested witt
his testimony and nothing was otfsreI
in the way OF testimony by the defense
Law points We're presented by botI
sides and after Judge Builington ha
scanned them over he remarked:
lyon gentlemen are very modest"
you must have been impressed
with that fact all during the trial,
retorted Nc Palmer.
The law points ware argu3 by Mr.,
Palmer and Major Warren, following
which the closing addresses to the jury
l were delivered. This morning Judg,
Burlington will charge ths jury afts
l which the case of Ambrose Mllley
against John f. Williams will b
called.
A nolle prosequi was entered in eacl
of the following cases: Isaac f. Til
linghast, for failing as postmaster o
La Plume to deposit money that cam
@ into his hands, Alfred Roberts, Wilkes
p Barre, tripping mail carrier; Raymon,
I. Prentice.