The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-16

Some More VERY Racy Assertions.
Two Other Cases Which Had In
teresting Features - Judge Arch-
bald Doesn't Go Much on Brewster.
When Mr.. Hand had finished his ar
guments in the case Of Blythe against
the Scranton Lace Manufacturing COM
pany yesterday morning, court took
up the consideration of the rule to
open judgment in the case of CreiEh-
ton & Burch against the lace COM
pany,
Attorney Nosburg, of Nosburg &
Dawson, representing the creditors VINO
seek to have the judgment opened and
the money derived from the sale of the
personal property turned into court,
proceeded To show that Mr.. Creighton,
the execution creditor, who was also
director of the company, stated to
Mr.. Blythe, two weeks before the judg-
ment was entered, that there was no
uebt against the company that the
otilcers of the company had made
sworn returns to the auditor general
sot the condition of the corporation and
1hat in these returns no mention was
made of $4,000 being owed to Creigh-
ton, also that John NJ. Kemmerer.
president of the lac" company stated to
Alexander Nelson, Nr. Blythes part
ner, that they intended to freeze out
the English stockholders.
Attention was also called to,the fact
that the defendants had not offered the
books of the company to show the
$4,000 debt, although repeatedly chal-
Ienged to do 50, and it was contended,
further, that company about to fail
cannot prefer as creditor one of its
directors
DEBT JUSTLY DUE.
Attorney Charles II. Welles. appear
ing for Creighton d. Burch, claimed
that the debt was justly due, the
amount having been agreed upon be-
tween kemmerer and Creighton: that
there was nothing questionable or
irregular in any Of the transactions
and that the statement of Blythe re-
garding the conversation he had with
Creighton two weeks before the fail
urc is erroneous.
Nosburg X Dawson argued for new
trial in the case of Ada Jodrey against
Is. f. killam and others, which was
taken from the jury at the last term
OF civil court by Judge Edwards on the
ground that judgment on the notes in
question was barred by the statute of
limitations. 1t is claimed by the ap-
plicants that they can show conclu-
siNely that the defendants. after the
time that the notes were outlawed.
acknowledged to the plaintiffs their in
deDtedness by saying: 1--WE will nav
these notes as soon as we can" and
that this acknowledgment removes the
bar or limitation. Mr.. Pitcher argued
against the rule, holding that the tes-
tlmony which was sought to be intro
uuced was of an indefinite and vague
nature, no particular notes being men
toned and in other ways being far
from sufficient to warrant putting the
defendants to the expense of a new
trial.
Attorney NJ. j. Donahoe. of Ouinnan
" Dohahoe, made an energetic effort
TO supplant law with good hard sense.
but it was Intellectual He is attorney
for Andrew Dunleavy, who seeks To
recover from George Brown and Lewis
Fetherby for chickens which were
killed by them on their premises. The
case was tried before an alderman and
v. V
burg & Dawson, attorneys for the de-
PENDANTS, put in the plea that the case
brought the title of the defendants
land in question and that thereby the
case was removed from the alderman's
jurisdiction.
ALDERMAN ACTION.
The alderman believed the plaintiffs
contention that he had power and au-
thorlty to pass on the merits of the
detendants' affidavit as to the title of
the land being called into question.
ana concluding that the affidavit was
manufactured for the sole purpose of
hlndernG the summary hearing of the
case, dismissed it and gave judgment
for the plaintiff. The defendants GER
tlofarled the case and the alderman's
Judgment was reversed.
Mr.. DonahOe Contended that the law
governing the affidavit feature Of the
case was vague and uncertain and that
common sense should step in and de-
eide. 1t was unreasonable. he argued
to interpret the law as the defendants
would have ii, for according to their
position any case of trespasS before
an alderman could he stopped by the
defendant making affidavit that the
title of the real estate would be brought
into question.
In support of his position he quoted
Judge Black from Brewster's reports
Judge Archibald remarked: 81 don't
take much stock in Brewster. II was
compiled by lot of clerks in his office
and issued in his name. 1t is like the
razor that was made to sell, not 10
shave"
In the following certiorari cases
judgment was reversed: Elias Evans
appellee, against l. Summerhill: John
Banko, appellee, against the Moosic
Mountain Coal company; Lorenz Luno.
appellee, against NJ. Schwartz: Sarah
earle, appellee, against Fred. Hug.
Michael Garden, appellee, against
Michael Harmon and others; Michael
Finn, appellee, against Nelson Swal-
low.
OTHER CASES HEARD.
In the case of Pacine Bros, appellee,
against NJ Swartz, certiOrari, a non
pros, was entered.
The rule to strike off the lien in the
case OF ID. X. Oakley against David
Price was made absolute.
other cases argued were: Il. s.
Waterman against Il. II. French and
others, point rcserved II. A. Depuy
against Thomas and Ellen Morrow
rule to strike off appeal: CorneIus
Ruddy appellee, against D. Kelliher
and others, certiorari; city of Scran-
ton, appellee, against Sarah Dunleayv,
certiorar.
FUNERAL OF j. H. CHAFFEE.