Evening capital. (Annapolis, Md.) 1884-1910, 1895-06-19
COURT OF APPEALsDECIsIONS
Melvin and Mauchs ~. Aldridge and
Others Decree Affirmed with Costs
TO the Plaintiff The Gambling
Case Of sterns the
state Judgment
Reversed.

The following is text of the decision
Of the Court Of Appeals rendered yes
terdav I'm the case Of Melvin and Man
cha VS.. Aldredge and others. in the West
Annapolis property, which has been
Iauding in our Corts for the past two
wears and more. The decision was 10y
Judge Fowler. who says:
Tie plaintiff entered into a written
agreement with the defendants 10y the
terms of which the latter were 10 take
charge Of, manage and sell certain lands
owned hy the Aldridgcs. &c. The plain
tils. AldrIdge and others, filed their blll
i'm he Circuit Court. of Anne Arundel
county. charging MesSrs. Melvin and
Mmcia with having violated Their con
tract iu about every particular. and with
having combined and cOutcderatcd Tor
the purpOsc OF IulUrug and GciraudluE
the plaintiffs. The biil asked for a re
ceSSIou of the contract. an injunction To
stay aud prohibit the defendants from
doing anything further and for an &C
count The defendants answered, deny
iug these allegations.
The bill below was dismissed rs To
:,broggtiOu and injunction and tie de
PENDANTS were held to account. There
WIS no objection rs 10 the decree 10y
the defendants By il. however, the
auditor Wds 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 I've modified.
The court adopted the plaintiffs ac-
account. and overruled the defendants
and exception to the plaintiff ; account,
except as to one item of S42.3i and suS-
tanned all the exceptions TO the dete nd
ant 5 account. The defendants, Nelly III
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 10y Melvin Il Man
cha to a ldridge and Others the sum of
81 ,G73.27. The court finds no error in
their award Aldridge and others were
To collect the money on the ssle Of lots.
and Melvin andsMancha the rents. The
claim To the forfeited installments
made 10y Melvin and Mancha is repudi-
atcd: interest was properly allowed the
plaintiffs and that money loaned Al
bridge is a transaction that does not ef
feet the other plaintiffs. Decree affirmed
with osts to the plaintiff.
4 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. The reversal, however, -
SAYS Judge Brscoe, who delivered the
opinion, docs not relieve the party from
further liability" He was not tried
on Wild information, continued the
Judge, land Was not put i'll jeopardy
The appellant has been indie ted and
convicted in Anne Arundel county I'M
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 scntens-
ed to pay a fine of $500, besides severe
lecture by Judge Reyell. The place
where the alleged betting was carried on
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 he tried on the old Otfensc even
though new information be had.