The Washington times., 1895-05-08
Tolman's Case Included in the
Court Of Appeals Decision.
ALIMoNY HELD TO BE NO DEBT
Contention That Imprisonment Was
unconstitutional Not Sustained.
New Trial Ordered For Suit
Against thet-Eckington Road-Title
to Property in subdivisions.

The Court of,Appeals has sustained the
ruling that husband may be committed
TO jail for failure to pay alimony. This
denies the contention that such action
amounts to Imprisonment for debt and is,
therefore, unconstitutional. Five other de-
cislons were rendered yesterday.
The first ease decided was that of George
r. ToIman, the architect, against Warden
Leonard, on habeas corpus proceedings.
Mr. Tolman is under bond till June 1,
pending the decision, and was previously in
Jail several weeks by commitment OF Judge
Hagner, because he failed to pay 5000
alimony due his wife on February IL last.
His attorney, H f. Davis, said in hisargu-
ment that Mr.. Toman was in prison at the
pleasure of the court for not doing thing
he could not do and in respect OF his ability
to do which he had never been heard. He
maintained that the order of commItmeht
was void because it was for an indefinite
time and for debt.
ALIMoNY NOT A DEBT.
The opinion of yesterday holds that the
indefiniteness of time is not of Importance
in this case and that alimony is only
charge upon the husbands estate, not
debt.
The liability of a street railway to put
a watchman or gates on a street where
great danger OF accident exists was passed
uponiD lexington and Soldiers Home Rail
way Company VS.. Hunter. Becausethestreet
railway has no superior rights at crossings,
as steam railroads have; because the act
incorporating the lexington road makes
no conditions, except That cars snail not
run faster than niI;e miles an hour, and be-
cause no requirement to guard dangerous
crossings has been made against the street
roads, the court holds that the court below
erred in telling the jury TO consider whether
the lexington Company should not have
made special provision against accident
! at Fifth street and Massachusetts avenue
northwest On all other points the court
| below is sustained.
James H. Hunter, whose leg was broken
in an accident at the crossing on August
! 12, 1891, recently got a verdict for 50 500.
| Judgment reversed and new trial ordered.
Observation-Disclosures.
The title of property owners at Isher-
wood and Rosedale is made good by
| affirmauce of the judgment below iii Peek
& Simmons VS.. Heurich. The appellants,
who were plaintiffs below, claimed under
| an old title or Ann Bartlett, but were
denied right to reject Heurich from Usher
wood property.
Leitch & Son were denied right to
| a mechanics lien on claim against the
Emergency Hospital trustees for S3,6o4
for plumbers supplies used in building
the hospital in 1891. They sold the sup
! plies 10 John Lyon, sub-contractor
and claimed as material men, The de
cision hollis that their relations 10 the
| work Were too remote.
! John H. and George H. Taylor are con
firmed in a $4,000 Judgment against the
Baltimore and Potomac Railroad Com
pauy for damages by railroad switch tc
/ therent al value eoftheirproperty o at Thirteen
and half street and Maryland avenu,
southwest The right of minors TO sue
by next friend instead of guardian is sus
tanned.
! Citations to save the companies from liza
bility to damage suits in case of acei
dents 10 employees was held not to conriic
with good public policy by affirmance
ofthe verdict denying L. E Brown damages
against the Baltimore and Ohio Railroad
Company. Brown was hurt in 1887 ant
accepted payments from the Baltimore
and Ohio Relief Association, for Which
he formally released the company iron
liability.