The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-08-17

ciNcu Dt OWutIs VI ETlNutt EoHuss
Court held It's midsummer session
yesterday and transacted an immense
amount of business. Beside handing
down a large number of opinions the
judges heard motions from fifty-six diff
ferent attorneys. That is the largest
number that has ever appeared be-
fore the court here in single day.
Interesting opinions were handed
down by Judge Gunster in the cases
of the commonwealth against Elmer
Isby, Mall Isby, Henry Singer and
Charles Singer. in which he reversed
the judgments of Justice of the Peace
e. j. Northup, of Glenburn, and made
an important ruling as to what con-
stitutes proper notice that a sheet of
water is private fishing ground.
The Singers and Isbys were arrest
ed for fishing in a pond owned by the
Glenburn Fish and Game Protection
association, and were each fined 500
and costs by Justice of the Peace
Northup. They took writs of certiorari
specifying a number Of errors. In
passing upon these Judge Gunster said
in part:
A notice forbidding trespasslng of every
kind is no notice at all of the character
of a pond or stream or the use to which
1t is put or that 1t has been improved for
the propagation of fish. While a tres
passer is Liable, as such, for damages at
law we think it reasonable to hold that
before tfe penalty provided by the act of
1878 can be imposed upon him, it should be
made to appear rot only that the pond,
stream or spring is private and that it
is used or improved for the purpose men,
toned by said act, but also that public
notice thereof. that is notice of the char
acter and use of the pond stream or
spring, has been given in the manner
directed by said act.
OTHER OPINIONS.
Judge Edwards handed down an
opinion in the interpleader case of
Amelia Tiffany against A. Richmond,
making absolute the plaintiffs rule to
show cause why judgment should not
be entered for costs. The rule hereto
fore obtained by the defendant was
discharged.
Judgment in favor of the defendant
for costs was entered by order of Judge
Edwards in the case stated of John J.
Condor against st. Johns Total Absti-
nece and Benevolent society of the
South Side.
Exceptions to the report of auditor
were overruled by Judge Archibald in
the case of John Gubert against An
tonic Arello and the report of the audi
tor was confirmed.
Judge Gunster refused to grant q
new trial to Squire j. b. Lesh, of New
ton, in the case in which he was de-
fendant and BiXler & Correll, of Eas-
ton, plaintiffs.
The rule for judgment for want of a
sufficient affidavit of defense was made
absolute by Judge Edwards in the case
of stephen Tunstall to the use of ]. w.
Pellio against Walter w. Winton,
In the matter of the exception to the
report of referee in the case of A. d.
Dean, trustee, and others against Jo-
seph Church and Charles J. Church
and others an order was made by the
court directing that the report be set
aside on the exceptions filed and the
case be sent back for a new report to
be made in conformity with the views
expressed in the opinion which accom-
panies the order.
NETTLETON AGAINST CARYL.
An opinion was filed by Judge Arch
bald in the case of F. +. Nettleton
against Josiah d. Caryl, rule to open
Judgment, in which the rule was made
absolutely and an issue awarded to be
made up by the plaintiff declaring in
assumpsit upon the contract for SO
much money as is due and owing by
the defendant thereon, the defendant
pleading non assumpsit, payment and
payment with leave thereto.
Judge Archibald, in an opinion in the
| case of Thomas Mcdonnell against
| Michael Manley, rule to open judg-
ment, made the rule absolute and al
| lowed the judgment to be opened, issue
to be made up by the plaintiff filing a
declaration in ejectment for the prem
| ises and the defendant pleading not
guilty thereto
A rule to dissolve attachment was
| made absolute by Judge Edwards in
the case of Merriman & Merrlmar
| against William Kimback.
Exceptions to the report of referee
were overruled in the case of Thomas
| Harris against the Iron City Mutua
Fire Insurance company and judgment
was directed to be entered in accord.
ance with the opinion of the referee.
"A rule for a new trial was made alb.
solute by Judge Gunster in the case OF
Edwards & Barthold against Martha
Pritchard.
In modified form the report of the
referee in the case of the Finch Manu-.
| featuring company against the Ster.
ling company was confirmed and judg,
ment directed to be entered in accord
ance Herewith by Judge Archibald.
| NEW TRIAL REFUSED.
| A rule for new trial was discharged
in the ejectment suit of owen Con
molly against Thomas Shannon. Tht
opinion in the case was written by
Judge Gunster.
| In the matter of the assignment o.
the Hyde Park bank, the exceptions 81
far as they relate to the first and sec
ond accounts were dismissed without
prejudice, so far as they relate to tn,