The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-09-30

Judge Gunster's suggestion of an
amicable adjustment of the differences
between the Old Forge School district
and Jermyn & Co., made towards the
close of the case Tuesday afternoon,
bore good fruit. Yesterday morning
the case was set aside, owing to the
absence of certain papers which Mr..
Price, attorney for the defense, wished
to consult before proceeding to the
jury. At $3.50 O'Clock, when about to
resume, Judge Gunster reiterated his
advice of the previous afternoon and
after a short consultation between the
parties and their attorneys, a settle
ment was effected. The terms are as
follows:
1t is agreed by and between the par
ties Of this suit that they will settle
the case under the following terms:
First, party of the first part defend
anD will pay $997.84 with interest for
four years and the parties will enter
into a lease for the remaining coal in
the property as described in the will
of Deodat Smith; and party of the first
part will also pay $50 of the costs in
this case.
This Is virtually revival of the
original contract, which fell through
because of the hitch which resulted
from Jermyn & Co.'S refusal to lease
such portions of the school districts
property as were not within the fence
lines, the title to which was liable to
be disputed.
GAVIGAN TRESPASS CASE.
The defense in the case of Gavigan
against the Atlantic Refining company
closed it's testimony yesterday after
noon. Mr.. Burns argued the law
points for the plaintiff and Mr. Watson
| addressed the jury for the defense Mr..
Kelly was presenting the plaintiffs 3
side to the jury when adjournment
time arrived.
A jury is out on the case of Enos
| Flynn against Martin and Anna Bar
| rett, of the North End. Martin Bar
| rett was sold out at sheriff's sale for
a store bill which he owed the plain
| tiff. The plaintiff bought in the goods
| but when he went to secure them Mrs.
| Barrett laid claim to them and would
not let him take them. Suit in replevin
was thereupon instituted to determine
the ownership. Vosburg & Dawson
| appeared for the plaintiff and A. A
Chase for the defendants.
A non-suit was entered in the case
of Martin Wilkes against J. A. Scran.
ton & Son, the plaintiff falling to ap.
| pear. Wilkes was an applicant for q
| hotel license four years ago, and the
| defendants, it was alleged, published
something derogatory to his character
| when his application was before court
He therefore brought suit for libel.
JUDGMENT FOR BATTLE.
Judgment in the sum of $20i.30 was
entered in favor of the plaintiff in the
| case of Daniel Battle against Johr
Sharack, the defendant failing to ap'
pear, being, according to the statement
| of his attorney, Judge Stanton, at the
marriage of his daughter.
The case of John Flanaghan agains
John Shields and others, and the cast
of the Mccoy Glass company agains
the Lackawanna Hardware compan!
were continued until next term.
In the case of James against tht
Fell township poor board, Judg,
Gunster granted a rule to show caus,
why the judgment secured against tn,
board by failure to file a defense
should not be stricken off, the grounC
for the motion being that a munici
pality or quasi-municipality is not re
quired to file a defense in such cases.
Rules for a decree in divorce wer
granted yesterday in the cases o
Butts against Butts, Arnold agains
Arnold and Mink against Mink.
Just before adjournment a jury wa
called in the case of II. H. Bursche
against the Scranton Traction com
pany. The plaintiff wants $1,000 dam
ages for permanent injuries alleged t
have resulted from his being throw
out of his wagon in a collision with
street car at the corner of Wyoming
avenue and Spruce street, June Il
1894. Horace f. Hand and Warren 4
Knapp represent the company. E.
Eewcomb and /. II. Burns appear 70
the plaintiff.