Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1897-10-30
Circuit Court Proceedings.

On Wednesday and Thursday of
this week the Circuit Court of Ber-
kelley county held special session
for the transaction of important
business unfinished at the last regu.
lar term. 1t was expected that on
Wednesday Hon. F. W. Brown, who
was elected special Judge in the alb
sence of Hon. E. Boyd Faulkner,
would hand down his decision in the
case of the Improvement Loan &
Building Association VS.. the Au.
burn Wagon Works, which involved
the settlement of the mechanics
lien claimed by H. T. Cushwa &
Bro, but the special Judge an
nounced that he would not be ready
at this term. A special term may
again be called when he is ready to
hand down his decision. On We'd
nesday, the following DEGREES we're
entered M. e. Trussell etc., VS..
Jessie j. Trussell ct al, order fling
petition OF Mccormick Harvesting
Machine Co., and decree entered
making distribution of the funds in
the hands of special Commissioner
Walker, and directing a deed to be
made to j. N. Payne, the purchaser
of the real estate. W. p. Kearfott
ETC., VS.. Ruth D. Kearfott, decree
directing the bonded special Com
missioner to pay fund due to John
p. Kearfott, who has attained his
majority, and cause retired from
the docket. Bank of Berkeley VS..
r. d. Seaman, decree authorizing
special Commissioners to make pri.
vate sale of real estate if an advan-
tageous bid can be received for
same. Peoples National Bank ETC.,
VS.. M. G. Nadenbousch ct al, decree
confirming sale of real estate,
proper distribution of the funds
arising from sale, and retiring the
cause from the docket. On Thurs.
day, Judge Faulkner assumed the
bench, and transacted the following
business Citizens National Bank
etc., VS.. John B. Wilson, A. L.
Shut ct al, judgment for $3.50
and costs, but to be discharged upon
the payment of $500 with interest
from date and costs of suit. Charles
Stewart VS.. Corporation of Martins
burg, action for damages by plaintiff
who broke his leg from a fall into
an open cistern. Judge Faulkner
has had the case under considera.
ton since the September term.
Two pleas were offered by the de-
PENDANT, and the court, overruling
objections to the one which allowed
the filing of the Corporation Laws,
allowed the plea 10 be filed, reject
ing the other, and the plaintiff asked
leave to file an amended declaration
which was also granted. FL. H.
Emmert, Esq, appeared in open
court and presented his resignation
as Commissioner of School Lands.
Judge Faulkner then appointed
John Henshaw, Esq, who gave bond
and qualified in open court.
George II. Courtney etc, VS.. Jacob
Wisner ct al, decree directing rule
to issue against the purchaser tor
the real estate to show cause if any.
why the property should not be re-
sold to satisfy the deferred pay
ments of real estate past due. E.
w. Vanmetre, trustee, VS.. John B.
Wilson ct al, decree confirming
Commissioners and Receivers re-
port of money received, referring
cause to a Commissioner to make
distribution of the same. F. IS.
McKown VS.. Laura V. McKown ct
al, decree directing the payment of
funds heretofore ordered to be dis
tributed to the parties thereto en-
titled.