The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-04

Cawley Shean, directing that the
rule 70 new trial inadvertently dis
charge Dec. 16 be set aside and the
rule re- Ted.
The rdN b strike Off the appeal in
the case II. A. Depuy against
Thomas d Ellen Monroe was dis
charged bv Judge Edwards. court be-
ing satisfied that the defendants were
misled by the justice of the peace.
Martin j Jordan's request for a new
trial In Hts damage case against the
city was discharged by Judge Gunster.
Judge Edwards discharged the rule
rfUrI judgment for want of sufficient
affidavit of defense in the case Of
George ID. Brown against Wilbur A.
Rice.
The rule for judgment in the case of
Charles A. Tobias against Morris ].
Davidow was made absolute by Judge
Gunster.
RULE DISCHARGED.
Judge Edwards discharged the rule
for judgment in the case of the First
National bank, of Towanda, against
John Quackenbush.
In the case of Arthur Frothingham
strike off appeal was discharged and
the rule to perfect the appeal made
absolute by Judge Edwards
For the reason that the evidence
failed to establish a ground for eouit-
able relief, Judge Gunster discharged
the rule to quash the writ of attach
ment execution in the case of Thomas
Henry against Thomas w. Thomas.
A f.ii1p Uaq Qra pta1 pp I Dolnhin
to show cause why he should not be
removed from the position of commit
tee in lunacy in the estate of Peter
Garvey. Mrs. Garvey claimed that he
is not properly managing the estate.
The case of c. H. Soper against
James d. Eastman was continued un-
til Jan. 10, on motion of the defend
ants attorney, James Mahon.
Judge Gunster made absolute the
rule for a new trial in the case of
Enos Flynn against Annie Barrett.
In the case of Joseph w. Griffin
against S. NJ. Aylsworth and others the
| rule, to open judgment was made abso-
lute by Judge Archibald.
The rule for q new trial in the case
| of Ada Jodrey against b. +. killam
and others, was made absolute by
Judge Edwards.
Judge Edwards discharged the rule
to take off the non-suit in the case of
G. II. Lowry against August Wenzel.
! The non-suit was allowed on the
ground that the wrong party was made
plaintiff.
! The rule to strike off appeal was
| discharged in the case of ]. II. Ran
kin against William Chaifee, Judge
Gunster writing the opinion.
In the case of George r. Kresge.
manager against John Tolliver Judge
| Gunster made absolute the rule to open
| judgment.
MULDOON K BOWE CASE.
The case of Muldoon & Bowe against
the city of Scranton was, by agree
ment, referred to NJ. j. Martin for ad-
judication.
In the case of Ruddy against Kelli-
her the exceptions were overruled and
the PROCEEDINGS affirmed.
The executions to the report of the
viewers of the prouosed new road in
Elmhurst and Roaring Brook were sus-
tanned. Judge Edwards bases this ac-
| ton on the uncertainty about the posi-
ton and termini of the road.
The petition to change the polling
place in the First wari of Jermyn was
refused by Judge Edwards. The rea-
sons advanced for the change are not
of such a character as would give
court jurisdiction. There was also a
strong counter petition.
The polling place in the First district
of the Borough of Olyphant was fixed
at the house of A. Il. Gillespie.
The case of John NJ. Cobb against A.
L. Wideblan was continued to Jan. 10.
The rule to restore the lost record
of the report of viewers in the widen
ing of Duffy street, Carbondale, was
made absolute.
Michael p. Lyden was appointed
treasurer If Lackawanna township, to
fill the vacancy caused by the death
of Thomas Lyden.