The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-07

Owing to Monday being a holiday,
the cases set down on the argument list
for that day were merged with those
for yesterday and as consequence the
judges had a very busy session. Fifty
five cases in all were passed upon, four
teen arguments being heard.
The very complicated and somewhat
interesting case of owen Connolly
against Thomas Shannon, which was
made additionally interesting by an in
cident which occurred while 1t was on
trial, was all gone over again by At
torney L. C. Newcomb, representing
the plaintiff. and Attorneys A. A. Vos-
burg and John r. Murphy, counsel for
the defense. 1t came up for argument
on the defendants petition for a new
trial.
The suit is brought to recover posses
sion of a lot of land in Moosic. Mrs.
Sarah Shannon secured the land from
her father. There was small balance
due on the contract which was in a
short time wiped out. John s. jenkins
sold the land as the property of Mrs.
Shannon's husband, John Shannon, and
buying II in himself, sold II later to
Thomas Shannon, son of John and Sarah.
After the death of Sarah Shannon,
Thomas Shannon entered into possess
sion. owen Connolly after this sold
the lot at sheriffs sale for a debt which
Sarah Shannon, the deceased, owed
him.
QUESTIONS SUBMITTED.
AS it was a strife between the cred
itors of the wife and the husband, the
trial Judge submitted three questions
to be answered by the jury, and said
he would mould a verdict from the an
swers. The jury answered two of the
questions, but could not agree upon the
answer to the third. They separated,
intending to meet again in the morning
and make their report to court. Soon
after separating the foreman of the
jury, H. w. Kingsbury, learned from
court attache that they should not
have separated until all three ques-
tions were answered. without courts
permission.
He thereupon gathered the scattered
iurymen and three hours later they
once more took up the consideration Of
the third question. Although they
wrestled with it all night they could
not come to an agreement, and when
court convened they so reported. a
moulded from the two questions an
swered and this the defendant now con-
tends was irregular. Fault is also
found with the recess taken by the
jurymen.
In the case of the North End Lum-
her company, limited, against John c.
Willig and others, the rule to strike OF
mechanics lien was made absolute by
agreement.
In the case of Annie Melvin and
others against John Handley and Others
the rule to substitute executions OF rec
ord for the defendant was made abso-
lutte.
The case of James dwell X Co..
against p. Messett was argued ana the
rule to strike off judgment was maze
absolute The rule for a new trial was
discharged in the cases of the City OF
Scranton against John Frank and Aug
| ust Seaman.
SOME MINOR CASES.
| In the case of Adam Wererlck against
| the Wilkes Barre and Scranton Rail-
way company, the amendment propos-
| ed by the defendant, was allowed and
| the rule to set aside service Of sum-
mons discharged.
The rule for judgment was made alb
solute in the case of White & Deitrick
| against George w. Beale. The rule
| for judgment in the case of Casey
Bros. against Michael Sullivan was
| made absolute.
The following other cases were ar
gued or submitted. Edwards & Barth-
old against Martha Pritchard, A. A.
Chase against A. b. Sherwood and
| others, Bixler & Carrell against j. Il.
| Lesh, w. f. Will against VIM. NJ. Silk
man, j. w. Pellio against Walter NJ.
Wintcn, John Gubert against Antonio
| Aiello, G. r. Uthman against Mary
| Kirkwood and others; and the follow
| ing divorce cases: Woolsey Conaghy,
| Franz, Mccain and Renniman. Argu-
| ments We're also heard in the matter of
the assignment of S. p. Hull.
The following cases were reported
| settled: II. A. Knapp against the
| Spring Brook Railway company; II.
j. Colvin against Milo Stone; Bert
Gibson against Anna Morgan and 9TH
ers, and II. b. Lacl;ey against the
| city of Scranton. In this last case the
city pail $3.50 to satisfy the plaintiff S
claim for damages alleged to have re-
suited from the grading of New street.
The case of Dominick Killen against
the Carbondale Traction company and
| others was continued for settlement