The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-13

Court room No. 1 was a very busy
place yesterday morning on the re-
sumption of the regular sessions after
the protracted summer vacation. First
of all came the handing down of var
ious opinions and orders by the judges,
then the hearing of motions, after that
the charging of the grand jury and
reception of constabes' returns by
Judge Archibald and finally the OPEN
ing of week of equity court
Most important of the opinions hand
ed down was one by Judge Gunster,
adjudicatng a dispute over a tax
clause in coal lease. The parties
were the Delaware and Hudson Canal
company plaintiff, and William Won
Storch defendant.
The plaintiff leases 121 acres of North
End coal lands from the defendant.
A thousand-dolar assessment for the
Meylert avenue sewer was laid against
the property. The defendants refused
to pay it, claiming that the lessees
should assume the debt. The company
paid the assessment made protest and
brought suit to recover.
The case hinged on the meaning of
the word "reprises." The tax clause
of the lease reads that the lessee shall
pay the rents "over and above all taxes
and reprises." According to the die
tionaries ''reprises" are rent charge
rent seek, pensions, annuities and the
like. A sewer assessment, "at the first
blush" Judge Gunster holds, isn't any
of these. but it possesses in common
with them the element of something
which is to be paid, and by a logical
line of deduction it can be accepted
that a sewer assessment is of the fam
lily "reprises." and the plaintiffs, there
fore in the opinion of his honor, should
pay the assessment.
RULE DISCHARGED.
In the case of j. G. Heiber & Co
| against NJ. G. Neary, a rule to dis.
solve an attachment, Judge Gunstel
rendered a decision discharging the
rule. Neary was a trustee of the es
tate of John j. McCarthy's father. HI
| owed the estate about $500 and gave
a judgment note for 81 500 to insure
this debt and the proper administra
| tion of the other funds that came int
his hands. He administered the estat,
| properly but could not pay the $50
| debt, and after a time the holder o
the note, the present plaintiff sueC
upon it and sold out the defendant,
| property. A rule was brought to dis
solve the attachment but court re
| fuses to interfere.
In the case of George Anterior
against W. McHale and the case OF
Mary L. Lord against John Pickering
the rule for new trial was discharged
The Atherton-McHalec case is the one
in which one juryman was taken sicl
and another became incapacitatet
through drunkenness, rendering it nee
essary TO accept the verdict of ten men
Judge Archibald dissolved the attach
mcnt in the case of T.. Robinsons Son!
against James Gray.
In the case of the commonwealth
against Anthony Pasco, the rule to re
nit forfeiture was made absolute b,
Judge Archibald on condition that tn
defendant or his bail pay a certain
portion of the costs.
divorce was granted by Judg
Gunster yesterday TO Il. Herman Il
Conrad from his alleged cruel wife
Catherine Rapp Conrad. They wer
married May 81, 1890, and lived to
gether until March 9, 1896.
Court granted the petition of tn
Scranton Savings Bank and Trus
company to change it's corporate it'll
to the County Savings Bank and Trus
company and it will hereafter do bust
ness under that title.