Evening capital. (Annapolis, Md.) 1884-1910, 1895-06-19
COURT OF APPEALSDECISIONS
Melvin and Mancha Aldridge and
Ofhers-Decree Affirmed with Costs
TO the PIaintiff-The Gambling
Case of Sterns Va. the
State-Judgment
Reversed.

The following is a text of the decision
of the Court of Appeals rendered yes
terday in the case of Melvin and Man
cha VS.. Aldredge and others, in the West
Annapolis property, which has been
pending in our C0rts for the past two
wears and more. The decision was by
Judge Fowler, who says:
The plaintiff entered into a written
agreement with the defendants by the
terms of which the latter were to take
charge of, manage and sell certain lands
owned by the Aldridges. &c. The plain
tiffs, Aldridge and others, filed their bill
in tue Circuit Court. of Anne Arundel
county, charging Messrs. Melvin and
ManclIa with having violated their con-
tract in about every particular, and with
having combined and cOnfederated for
the purpose of injuring and defrauding
the plaintiffs. The bill asked for re-
cession of the contract. an injunction to
stay and prohibit the defendants from
doing anything further and for an ac-
count. The defendants answered, deny
ing these allegations.
The bill below was dismissed as to
abrogation and Injunction and the de-
PENDANTS were held TO account. There
was no objection as to the decree by
the defendants. BY it, however, the
auditor was directed to state the ac-
count called for, and for the purpose of
convenience and economy the counsel of
the respective parties agreed that the
accounts should be stated by the parties
of their solicitors from the proceedings
and proof, subject to the exceptions,
and that in this respect the said decree
should be modified.
The court adopted the plaintiffs ac-
account, and overruled the defendants 's
and exception to the plaintiffs 3 account,
except as to one item of S4234 and sus-
tanned all the exceptions to the defe nd
ants account. The defendants, Melv in
and Mancha, appealed. The plaintiffs
claimed that the only question for re-
view was the one account. The de-
PENDANTS, Melvin and Mancha, insist it
brings up the right to question the Juris-
diction of the court below to pass the
decree of the case. The court says the
only question is OF account, which is
that there is due by Melvin ~ Man
cha to Aldridge and Others the sum of
81 ,673.27. The court finds no error in
their award Aldridge and others were
to collect the money on the ssle of lots.
and Melvin and::Mancha the rents. The
claim to the forfeited installments
made by Melvin and Mancha is repudi-
ated: interest was properly allowed the
plaintiffs and that money loaned AL
bridge is q transaction that does not ef
feet the other plaintiffs. Decree affirmed
with Losts to the plaintiff.
A GAMBLING CASE.
Judgment is reversed and informa-
tion quashed, with costs, is the verdict
of the Court of Appeals in the gambling
case of William Stearns against the State
of Maryland. 1.-The reversal, however, y
says Judge Briscoe, who delivered the
opinion, ''does not relieve the party from
further liability. y 'He was not tried
on Wild information, continued the
judge, ''and Was not put i'll jeopardy"
The appellant has been indie ted and
convicted in Anne Arundel county un-
der a criminal information filed by the
States Attorney for unlawful gambling,
contrary to the act of 1894. chapter 232
Stearns, on conviction, had been sentens-
ed to pay fine of $500, besides a severe
lecture by Judge Revell. The place
where the alleged betting was carried OH
was at Walnut Springs Hotel, Brooklyn,
Anne Arundel county. 1t is claimed
that the alleged offense having been COM
mitted more than year ago, he cannot
again be tried on the old offense even
though new information be had.