The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-26
COMMON PLEAS COURT.
-Four Cases Tried and Several Continued.
Smith Opinion Not Handed Down Be.
cause Judge Archibald Was Not Here.

a three-weeks' term of common pleas
court began yesterday morning with
Judge Edwards on the bench in the
main court room and Judge Gunster in
No. =. There was disappointment In
the fact that the court did not hand
down an opinion In the disbarrment
proceedings against Attorney Cornelius
Smith. Judge Archbald's absence from
the city was the reason the opinion was
not handed down. lie held court last
week ia Sunbury and was expected
home yesterday. but he did not arrive.
An interpleader suit was the first one
called for trial before Judge Edwards
The plaintiff was Mrs. Caroline f.. V.
konecny and the defendant Mrs. En-
ma Mittelstaedt. \ few months ago
Mrs. Mittelstaedt entered up judg-
ment in the Office of Prothonotary Pryor
against Theodore Konecny. husband of
the plaintiff, and the sheriff levied upon
the stock of hair goods, etc, in the
store on Lackawanna avenue. Mrs
Konecny obtained a writ of interplead-
er. claiming that the stock belonged o
her and not to her husband. The case
was heard and the jury brought in a
verdict for Mrs. Konecny.
ACTIONS FOR WAGES.
Two suits for wages were heard be-
fore Judge Gunster Stephen Evans
and Michael Evers We're the plaintiffs
and William T. Smith was defendant
The amounts involved In each case was
about 500. The defense was that the
plaintiffs We're indebted to him, rather
than that he owed them anything. The
jury had not brought in verdict at ad-
iournment.
The second case tried before Judge
Edwards was that of Nj. Mufley against
H.. Walton for wages. Attorney A. A.
Chase appeared for the plaintiff and
Senator J. &. Vaughan for the defend
ant. Mufey is 1S years old and he
worked driving a dray wagon for Mr..
Walton from August 81 to Dec. Is last
year. fifteen weeks at the rate Of 81 u
week. He claimed that he was paid
$l2s5. Mr.. Walton claimed that he paid
the young man from time to time
amounts aSgregating $S0.35. while he
owed him only $50. He overpaid him.
he said. expecting to keep it out of his
wages later on. but before he got a
chance to do so Mufley got too strong to
work and quit. He overpaid him be-
cause the young man was complaining
of hard luck. The jury brought in a
verdict OF $3S.0S for the plaintiff.
sTEERE AGAINST OAKLEY.
The assumpsit suit of c. c. Steere
against u. Il. Oakley was called for
trial before Judge Edwards and a jury
was selected and sworn. Attorneys c.
W. Dawson. A. A. Vosburg and J. NJ.
C. Ranck represent the plaintiff and
Attorney $. B. Frice, the defendant.
The suit Is to recover $1,000 which Mr..
Steere claims he overpaid the defendant
on mortgage.
Cases as follows We're continues:
Oliver Turner VS.. Samuel Morris. ct al.
wages; John +. Jones VS.. Erie and
Wyoming Valley Railroad company,
trespass; Joseph Fellows and c. Smith
VS.. f. F.. Loomis and John Fl. Fellows,
eiectment; i. H. Gunster. assignee VS..
George a. Jessup. assumpsit: c. +.
Rowlby VS.. Caroline Foster. admins
tratrix. assumpsit: Michael Finnerty
VS.. John Finnerty. trespass: John
F'lack VS.. Bridget Kinney and Mary
Kinney, ejectment; +. r. Walker &,
Son vs. w. II. Withers Paper company,
limited. assumpsit; Michael Flynn, ct
al. VS.. George h. Hill, ct al. trespass;
W. G. Townsend VS.. Frank Carlucci,
assumpsit: f.. Shiffer and NJ. F.. Kirwin
vs. city of Scranton; city of Scranton
VS.. p. j. Clancy and Lena Deckelnick.
Court adjourned until 80 this after
noon and Jurors are excused from at
tendance until then.