The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-19
heard IN ARcUMENT COURT
Plaintiff and Defendant In the Same
Case Want a New Trial.
ARGUMENTS THEY ADVANCE
Ono Says the Verdict Was Too Small nnd
the Other Maintains That There
Should Dc No Ver.
dict at All.

First upon the list for q hearing In
Argument court this morning are the
two rules in the Smith Burns case. At.
torney Smith will argue to set aside the
award of the arbitrators and the rep
resentatives Of Mr.. Burns will oppose
1t and argue for dismissal of the rule.
The application for a change of venue
in all of Smiths cases will come up, too
He Is striving to have the argument
on the rule to set aside the award made
before the court of another district. He
wants to get bag and baggage out of
the courts Of this county with his case.
There was a somewhat unusual case
argued yesterday afternoon; that Of
John w. Cure and others against Will
liam G. Miller. Both sides want a new
trial. Attorney s. Il. Price appeared
for the defendant and Attorney w. w.
Watson for the plaintiff. Mr.. Watson
argued first and asked for new trial
on the ground that no verdict at all
should be rendered. Both attorneys ar
gued for a new trial from their own
standpoint. but once Mr.. Watson un-
Willingly lapsed into an argument
against the contention of Mr.. Price, and
Judge Edwards caused the court to de-
scend from its pedestal of gravity ana
indulge In hearty laugh. when he
asked Mr.. Watson If he was not pur-
suing q wrong tack. The suit was for
cutting timber from land in Blakely
township.
Barhcr Case Has lIceu Settled.
Attorneys Joseph O'Brien and Mr.
Watson, the respective counsel I'm the
case of Ira II. Barber against the
Scranton Glass company. Gnnounced
that they had come to an amicapie
agreement and settled the case.
The court disposed of several cases
readily yesterday. Judgment was re-
versed in the following actions: George
NJ. Schmidt VS.. Bernard Rubel, GER
tiorari: the Delaware and Hudson Canai
company VS.. Robert Ward, certiorari.
Judgment was affirmed in the case of
James McDade, ,jr.. VS.. James Comiskey'
certiorari The rule was discharged In
the case of Leah Powell VS.. Mary
Owens; rule to revoke order.
The rule was made absolute In the
case of Mrs. Fannie Little against n.
b. Little. The rule was discharged IN
the case of Simpson & Watkins, as
signed, VS.. NJ. f. Lutz and others: rule
to open Judgment. And the rule was
made absolute in the case OF Bridget
Atkinson and others VS.. the Carbondale
Traction company; rule to amend. The
rule was discharged in the case of s.
Rothschild & Bro. VS.. George W.Owens,
rule for judgment.
The case of Jane Cowling against the
Iron City Mutual Fire Insurance COM
nj a ha tampnt
was brought to the notice of the court
Yesterday by ex-Congressman Lemuel
Amerman, who represents the COM
pany.
Facts in the Case.
MIR Amerman said that the facts were
about as follows: Mrs. Jane Cowling
owned a house in Wayne county and
had II insured with this company; the
house was destroyed by fire, the COM
| pany failed to pay the policy and the
woman through her attorneys. Watson
& Zimmerman. brought suit in the COM
mon pleas court of this county. Mr..
Amerman inadvertently entered his ap-
pearance non -assumpsit, and the case
was marked on the trial list.
Subsequently, the company wrote to
MT. AneTHldu dNu tOiu th"s
Cowling's house was in Wayne county
and consequently 1t was not within the
jurisdiction of this court to hear the
issue. Mr. Amerman then for the first
time learned that the house was not In
this county; previously he had taken 1t
for granted that the house was In
Lackawanna from the mere fact that
the suit had been brought here. He
wrote back to the company and said
that his appearance having been en-
tered and the case having gone so far
as to take out the first rule In arbitra-
ton, bound the company in the courts
of this county notwithstanding that the
house was in Wayne.
The company wrote back and told Mr..
! Amerman that no matter whether he
entered his appearance or not. the case
would not be tried In this county. The
iIidf-es nra nuyzltnU Ovnr tho caaa