The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-17
DAY IN ARGUMENT. COURT
Matters That Were Called Up for
Consideration.
ATTORNEY SMITHS PETITION
Court Said II Would DO Considc red To-
day-Finsl Hearing In the Depew In.
Junction Case Campaign Button
the Subject of O Law Suit.


Junction Case Campaign Button
the Subject of O Law Suit.
December Argument court to continue
during the week opened yesterday morn
ing, the three judges present Attor-
ney Cornelius Smith presented a petit
tion for a change Of venue in the case
of John G. Jennings against the Lehigh
Valley Railroad company, ct al, for
100000.
Attorney John p. Kelley opposed Mr..
Smith. Before any argument was made
Judge Archibald, who is cited to answer
as a defendant. stepped from the bench
to the bar. Mr.. Kelley was ABOUT to
argue when Judge Edwards said that
the matter was set down regularly for
today and it would not be considered
until then. The court took Mr. Smiths
petition, toewhich is attached several
dispositions Of freeholders in whose
opinion Mr.. Jennings cannot get fair
and impartial trial in this county.
The equity suit of Nathaniel Depew
against the borough of Jermyn was ar
gued at length by Attorneys l. II. Burns
and w. ]. Hand. the former represent
ing Mr. Depew and the latter the bor-
ough. The court upon the preliminary
hearing refused to grant Mr.. Depew the
relief prayed fc. and the argument yes
terday was upon the final hearing.
The case Of Harrison Bros, wholesale
Jewellers, of New York city. against j.
d. Williams & Bro. of this city, was
heard. A. d. Dean representedW llliams
brothers and Attorney George L. Peck,
the plaintiff. The matter in dispute
was referred to Attorney r. d. Stuart,
of Carbondale, who reported in favor of
the plaintiff. The argument yesterday
was on the exceptions to the referees
report.
A Relic Of the Harrison Campaign.
In the presidential campaign of 1892
a young man named Lathrope, Of Car
bondale, devised and patented badge
known as "Grandfather's Hat" manu-
factured in the shape of a button for the
coat lapel. The New York house,
through Mr. Lathrooe, sold to the de-
PENDANTS several gross Of these buttons.
amounting to s72. The badges did not
sell quickly and the defendants would
not pay the full amount of the claim.
alleging that the goods We're received
on condition that the badges would he
paid for as they were disposed Of.
Attorney H. G. Reynolds appeared for
the Peoples Live Stock Insurance COM
pany, of New York. in the case where
p. McGouldrick and James Flynn are
the plaintiffs. Attorney w. S. Huls-
lander represented them. They had in
sured horse each with the company.
When the action was brought to recover
the policies, court granted compul-
sorry non suit In each case on the ground
| that the suits were not brought wilnin
six months after the death of the ami
mails. Mr.. Hulslander argued to strike
off the non suit for the reason that the
company had waived this condition of
the policy by virtue of certain acts Of
the company and the agent.
Argument for a new trial was mace
by Attorney S. b. Price. representing
Joshua s. Miller. Attorney A. d. Dean
opposed the argument. This was a
case where bull owned by Mr.. Miller
gored an OK and broke wagon belong
ing to ]. w. Sisco Plaintiff and de-
|
was tried at the last term Of common
pleas court and verdict of $lO0 was
rendered in favor Of the plaintiff.
Reasons Why New Trial Is Asked.
Attorney Price contended fer a new
trial on two grounds: that the plaintiff
could not bring an action of this kind
before a Justice Of the peace and that
the plaintiff was guilty of contributory
negligence.
c. f. Maxfleld, Of New York. against
| F.. w. Mason & Co., of this city. Attor-
ney Walter s. Briggs argued for the de-
fendant. A man named Yeager, rep
resenting himself as Mr. Maxfield, came
to Mason's store and solicited orders
for fruit and canned goods. He was
given an order of $14. The goods were
! shipped and used by the defendant
Yeager was paid for them and he re-
ceipted under Maxfield's signature.
Maxfeld brought suit against Mason
&c Co. for the amount of the claim on
the ground that Yeager was fraud
and had never been entrusted with The
collection of any money for Maxfield.
| Inc case was ~eIeTTeu u Attorney d.
Alton Davis as referee, who decided
that the plaintiff had no cause for ac-
tion. The papers in the case were sub
mitted to the court after brief argu-
ment by the counsel on both sides.
boundary 1.-Two Commissioners Report
County Surveyor A. b. Dunning,
Bryce r. Blair and w. II. Sturdevant,
commissioners appointed by court to
settle the boundary line between Car
bondale township and Archibald bor-
ough, filed their report yesterday.
The citizens of Carbondale township
petitioned for the appointment of a
board of viewers. 1t was claimed that
the borough of Archibald has for years
unlawfully collected taxes from the
residents Of Hosie and upon q coal
breaker situated in that town. The
Carbondale people say that Hosie is in
the township and not the borough.
The report Of the commissioners does
not state whether the disputed terri
tory is In one town or the other, but
they have filed map showing the line
The line shows that Edgerton breaker
and the settlement around It are In
Archibald borough, with the exception
| nf half dozap or y,1ora of ba bov,os