Evening journal., 1894-03-05
PARSON' 'SCASESETTLEO
Senators Higgins and Gray
VIII Not Have to Appear.
SEVERAL INTERESTING MATTERS,

It is Probable That Court win Adjourn
Tomorrow n Frank Turner Is Unable TO
Appear EthridEe sherin's Sale Set
Aside Service at the Residence Is SUM-
Client.
Philip q. IChurohman reported settle
ment In the damage suit of Wesley +.
Parsons Va. the p w. & B Railroad
Company In the Superior Court this
morning. This case, In which Senators
Higgins aud Gray were counsel. was to
have been tried before n special Jury,
The terms of settlement cannot
be learned. AIR. Churchman in-
ST. ucted the sheriff TO notify the Jurors
summoned not to appear The court an-
nounced that, II the case Of Clark VS.
Joseph l.. Carpenter Jr were reported
settled aud no other matters were
brought before the court to morrow, IL
will adjourn until the May term.
In the case Of George T.. Fort vs.. the
Kent Iron and Hardware Company. Fran
els H. Hoifecker brought up the matter
Of the service OF summons on corpo-
ration whether it could be served on the
vice-president II the president we're
out of the city The court
held that II the president lives In the
state the summons must be served on
him. The statute says that It must be
served on the president or head officer Of
the corporation.
In the case of Blddle vs. Stats. In
which John II. Rodney asked for iudg
ment for want Of affidavit of defense, the
court ruled that when the plaintiff wants
judgment by the second Friday OF the
term, II must be expressly stated
T Bayerd Heisel. in the case Of Frank
Phillips VS.. Il q Theel, for the use Of
William II II Clark, asked for and SO
cured judgment ON two returns Of non
est
William S. Pickett made motion
that the order OF sale of shares Of stock
attached under the judgment Of J. Hood
Wright VS.. Henry G. Robinson be
continued until the May term. The
motion was granted.
A majority OF the court handed down a
decision, setting aside the sheriffs sale
OF the property OF Samuel II
Ethrljge and Robert sayers. IN
Mill Greek hundred. The ground
was non service OF notice. Harry
Emmons represented Ethridge and j
Harvey Whiteman was counsel for the
purchaser
Lilburni Chandler made application for
Judgment in the foreign attach
ment cases of George W. Thomp-
son, James O. Dillon and
Brosius & Smedlsy vs. H. s. Christy II
was granted and an inquisition TO de-
termine the amounts will be held at tn,
next term.
The case of Nettleton & Thompson vs.
the 2. Bryer & Co. next engrossed tn
attention OF the court. Charles L Evan
represented the plaintiffs ant
Ho1dcker a Hofiecker the defense. Th
question was whether OF not service on
corporation by leaving a copy OF th
summons at the residence {
the president or head office
was sufficient service. Fran
els Hofeoker contsnded that
under the statute. IL was not, and tha
personal service was required He asked
the court to render decision in th,
matter.
The court decided that service by cop,
left ut the residence Of the president Of
head officer was sufficient snd advised
Mr.. Evans TO take immediate action
therefore. Judge Cullen remarked tha
Sheriff Gould should see his lawyer be.
fore making returns. the matter OF i'm.
properly prepared returns having com
before the court in number Of instance
lately.
Court adjourned until 10 o'clock TO
morrow morrow. II Frank Turner Is re
ported able to appear in the case o
Clark's widow VS.. Joseph L. Carpenter
Jr, day for trial will be set. II no,
court will adjourn sine die at about nool
tomorrow.