The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-05-25


Down by the Court.
That court was not idle during the
spring recess was made apparent yes
terday morning when Judges Archibald
and Gunster and Edwards come on the
bench and handed down bushel bas-
ket full of orders and opinions. With
all these multitude of cases, a session
of equity court, grand jury meeting
constables' returns and sundry minor
matters, it may be we'll believed that
the court house attaches were kept
close to the busy mark.
The most important of the opinions
was that of Judge Gunster in the case
stated between Richard Barran and the
county commissioners. The suit was
brought at the instance of the County
Constables' association, of which Bar
ron is president, and for the purpose
of settling the dispute between the
county commissioners, and the con-
stables as to certain items of the fee
bill.
The commissioners held that the law
| provided that constables were entitled
to only so cents for serving a sub
poena, no matter how many names
might appear upon it, and that in
figuring up the mileage the distance
| from the point from which the sub
| poena was made returnable to the point
at which it was served was to be reck-
oned and not from the one point to
the other and back again.
| Judge Gunster decided that the con-
| stable is entitled to so cents for each
| person subpoenaed but not to "circu-
| lar" mileage.
THE JENNINGS CASE.
At the last term of argument court
| Major Everett Warren, attorney for
the defendant in the case Of John G.
| Jennings against the Lehigh Valley
| Railroad company, called the attention
| of court to the disbarment of Corne-
| Illus Smith and the fact that this left
the plaintiff in the case without any
attorney of record. He asked that
court compel Jennings to engage new
attorney. Jennings petitioned for
change of venue, that Smith might act
| for him; also alleging the usual claims
| that he could not secure a fair and
unprejudced trial in this county.
Yesterday Judge Edwards disposed
| of both matters as follows:
| John G. Jennings vs.. Lehigh Valley Rail-
| road company. Rule on plaintiff to EN-
| ploy new counsel:
The rule on plaintiff to employ new
counsel in this case is hereby made abso-
lue, Plaintiff renews his application fer
a change of venue. This question was dis
posed of by an opinion of this court, filed
Aug. It, 1896. The application for a change
of venue is denied.
| By the court,
H. NJ. Edwards, A. L. ].
SCHUBMEHL SECRETARY.
In the case of Mary Schaum against
James Nolan and c. @. Carman Judge
Edwards struck off the judgment of
non. pros. saying that the case is of
sufficient Importance to be submitted
to q jury. Illegal constables sale is
the ground for the suit.
In the case of the commonwealth eX
rel. Thomas Curran against William
Schubmchl, Judge Archibald discharged
the rule for new trial and directed
judgment to be entered for the respond
ent with costs. The issue in this case
was the right of Mr.. Schubmehl to oc-
cupy the office of secretary of the bor-
| O'5h NOullNli VI oiy piAhhNs ~ NhS SiSN~
ton March II, 1896, Mr.. Schubmehl re-
ceived the votes of six of the twelve
elected councilmen. The REALTORS con-
tended that there was no quorum.
Secretary Cummings minutes showed
that there were three members present
who did not vote. The REALTORS held
that he had no right to record them
as being present as they did not an
| thpiIs Tn1pG Aprh "a III
contended that there was no law or
parliamentary rule confining a secre-
tary to use of but one sense when he
has five and as it was on this point the
issue hinged the relators' case fell.
The county treasurer sought to sell
for taxes the Ewing tract in Spring
Brook or rather that part of it used by
the Spring Brook Water company for
water shed purposes. The company
contended that the watershed is ex-
empt from local taxation for the same
reason that a reservoir is, both coming
under the head public benefit. Judge
Edwards makes perpetual the injunc-
tion restraining the treasurer from
selling the lands and adds: TT would
be unreasonable and inconsistent to
say that the eight acres covered by the
dam and reservoir should be exempt
from local taxation, while the contigu-
GUS land en- the same tract, which is
used for the sole purpose of keeping the
water in the stream and in the reser-
Voir pure should be subject to taxa.
ton"
APPEAL WILL STAND.
I'm view of the fact that the plain
tiff relies on a technical defect and
considering that the law favors the
right of appeal, we have concluded to
discharge the rule and allow the appeal
to stand" is the finding Of Judge Ed
wards, in the case of j. e. JodfreS
against the borough of Olyphant, Jod.
frey secured judgment before a justice
of the peace for two months work as
an electrician. The borough appealed
Jodfrey strove to have the appeal
stricken off because the borough did
not give security for costs and make
afiidavit that the appeal was not in
tended for the purpose of delay. Sc.
curity for costs. the Judge also held
was not necessary in the case of q