The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-15
FIRST DAY OF THE TERM
Three Judges Presiding in Common
Pleas Court.
CASES HEARD DURING THE DAY
Suit Of s. B. Mott Against c. p. Jadwin
Again on Trial-Jamcs O'iIOrO After
Damages from the City
of Scranton.

January term of common pleas court,
which will continue in session for the
coming three weeks, opened yesterday
Judge Gunster presiding in the main
court room, Judge Mcpherson, of Har-
rlsburg, in No. 2, and Judge Edwards
in No. g.
The most interesting matter called
for the attention of the court and jury
was the assumpsit sutof S. b. Mott, as
signee of the Hyde Park bank, against
c. p. Jadwin. This case was called be-
fore Judge Mcpherson at 1.3O in the af
ternoon and at adjournment the evil
dence of the plaintiff was all in and the
defendants side of the case was
opened.
The incidents Of the case are so well
known as to render any recital of the
details superfluous. The case was
called on May 2S, 1894, and tried before
Judge Schuyler, of Easton. A verdict
of l,41637 was rendered which was for
the full amount of the claim with inter-
est from 1885, the year the suit was
first brought. On July 80 of last year
Judge Schuyler heard arguments for a
new trial and on the same day granted
ward Merrifield appeared yesterday for
the plaintiff and Attorneys C. Comegys
and w. Gaylord Thomas for the de-
fendant.
Suit About Wages.
Judge Gunster presided at the trial
of the suit for wages of the Elk Hill
Coal and Iron company, defendant, and
Patrick Swift, of Richmondale, plain
tiff. Swift claims there is a balance
due him for work done at the mines of
the company in Richmondale, and the
company alleges that the balance is in
their favor, that Swifts family traded
more than his wages and those of his
| son, in groceries and provisions and
other incidental expenses, such as rem,
fuel, etc. The case was given to the
jury at adjournment.
In court room No. Judge Edwards
heard another wage suit, that of
Charles Patchen against Levi Snyder.
1t was trivial one, but the jury had
not agreed upon a verdict at adjourn
ment although they retired to deliber-
ate early in the day.
A little while before adjournment the
| trespass suit of James O'Horo against
the city of Scranton was called before
Judge Edwards The suit is for the
seizure Of the plaintiffs land on North
Washington avenue growing out of the
| opening of that thoroughfare CITY
Solicitor j. II. Torrey appeared for the
city and II. NJ. Hannah for the plain
tiff.
In the wage suit of H. T. Rikef
| against Adelne +. Smith a voluntary
non-suit was taken. A compulsory
non-suit was ordered in the appeal suit
of Frank Savino against j. Flanaghan,
SaVlno not appearing when the case
| was called. BY agreement a verdict
FOR the amount of the goods specified
IN the declaration was taken in the in
terpleader suit of Joseph Gluck
against Marvin Pierce.
| Disposition of Other Cases.
| Other cases on the list were disposed
of as follows: Margaret Hughes VS..
Delaware and Hudson Railroad COM
pany, trespass, continued; b. A. Welch
VS.. Allen Cigar Manufacturing COM
pany, interpleader, continued Eagle
| Cigar manufactory VS.. Allen Cigar
Manufacturing company, interpleader
continued; Peter Cerini VS.. Roche &
t'adden, replevin, continued; Jackson
Merryweather VS.. city of Scranton
trespass, continued; C. l.. Rice VS.. FL
| deity and Casualty company of New
| York, trespass,, cOntinued; Catherine
Campbell, Administrative, vs. William
Cougher, judgment opened, settled
amicably; j. II. Gunster, assignee, VS..
| George A. Jessup and others, assump-
sit, continued; NJ f. and NJ r. Hand
ley, VS.. Mary Barrett, ejectment, con-
tinued; Thomas Monaghan VS.. Borough
of Blakely, trespass, continued; Thomas
O'Neill VS.. city of Carbondale, trespass
continued; Morris and Essex Mutual
Coal company VS.. Delaware, Lacka-
wanna and Western Railroad company,
trespass, continued; William Marcy VS.
| Hillside Coal and Iron company, eject
ment, continued; Edward Toner VS.
Central Railroad of New Jersey, tres.
pass, settled off list.