The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-11-11
FIGHTING FOR HORSES.
DR.. W. A. Mcdowell and Merchant
William P. Joyce Parties TO an
Interesting Suit.

The possession of two horses was
the bone Of contention in an unusually
interesting case tried before Judge
Archibald yesterday. DIR. w. a. Nc
powell, as PLAINTIFF, and William 2.
Joyce, defendant, We're the parties.
Joyce is a merchant on West Lacka-
wanna avenue and the lessee of the
two-story, double frame building in
which his store Is located. Last wear
he sub-let one of his stores to +. c.
Holmes, who conducted therein a COM
mission business. On January % last
Joyce learned that Holmes was about
to fail ana thinking to fortify his bill
for rent had an execution issued, with
instructions to the sheriff to proceed
with its service the next morning.
In the meantime Joyce went to
Holmes ana made a pressing demand
for the rent. lIClrncs gave him no sat-
isfaction and thereupon Joyce told him
of the execution. Holmes then agreed
to meet him at the Valley house at
o'clock in the morning and make a set
tlement, The settlement did not even
tuate so Deputy Sheriff j. d. Ferber
proceeded to attach Holmes effects,
among them a team of horses, which
were kept in Swartz' livery, near his
store.
Arriving there he found that the
horses had been removed during the
morning end was told that they had
been purchased by DR.. Mcdowell and
delivered to him. The sheriff did not
succeed in getting the horses although
he sought out DR.. Mcdowell and tried
to secure possession of them. The
horses are now on a farm somewhere
and Holmes is in New York state.
Joyce in the eyes of the law is the
owner Of the team. DR.. Mcdowell is
combating this or an interpleader, ar
guing that he bought the team before
the execution was issued against them.
The whole case, Judge Archibald rul-
ed, hinged on whether or not DR.. Me-
Dowell took actual possession Of the
team before 5.25 o'clock p. m. January
2E. the time the execution was issued
in the sheriffS office DIR. Mcdowell
says that ne went to Swartz barn after
striking the bargain with Holmes and
taking the horses by the halters start
ed to lead them out. He changed his
mind however, and left them in the
stable to be called for the next day.
This occurred before 5.25 o'clock on the
afternoon in question. he alleges, and
argues that it was in every way q
| full and complete transfer of the prop
| ertY.
The case was given to the jury a ad
! journing time. EX-Judge Ward and ].
G. Lange appeared for the plaintiff, and
| Cawley & Shean for the defendants.
Simon Hinerfelt, the Penn avenue
merchant, sued before Judge Archibald
| to recover $26,43 on a note given by one
| of his customers. John Black. The note
! was given for a grocery bill 1t was
| agreed that So should be paid each
month until the note was liquidated.
Black paid all but $5.43 and then sought
| to resume trading on credit. Hinerfelt
agreed to this on condition that he
| might keep the note as security for
| future debt. Hinerfelt claims that
| Elack has run up another bill to the
amount of the note. Black denies this.
The jury agreed with Black. g. H..
! Soper represented the plaintiff and II.
A. Zimmerman, the defendant
Attorney James r. Burnett made his
first appearance in the trial of a case
rs counsel fO.' Alton McLain who
sought to recover wages from Livery
man James j. Neals. He recovered
the full amount of his claim, $50.
| In the case of owen McDonough
| against William ]. McDoncugh, the
| jury yesterday morning brought in q
verdict of $27.43 for the plaintiff.
The Hartley-Hull ejectment case is
still on before Judge Searle.