The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-04
JUDGES HA DOWN
MA OPINIONS
Joseph Jermyn's .s' Against the
School Boar, missed
PAUPHR PARENT ACT PASSED UPON
Rules for New Trials Refused In the
Two Big Traction Company Cases,
the MarshaIi-Rice Ejectment Case
and n Number of Others-- Matters
Efecting Many Parts OF the Coun-
~ Are Passed Upon--FuIl List OF
the Big Raft OF Decisions.


That the judges were not idle during
the holiday vacation was attested by
a cart-load of opinions and orders that
came down from the bench on the re-
sumption of court yesterday morning.
There would have been even more had
not Judge Archbald's spare time been
taken up with the recount OF the Dun
more ballots and the trial Of a case in
Towanda.
Joseph J. Jermyn's petition for a pre-
liminary Injunction restraining the
board of control from levying taxes on
the city assessment was refused by
Judge Gunster. The legality of the
board is the main question at issue
court opines and this will be disposed
OF in the quo warranto proceedings
brought by John Jermyn to oust the
board of twenty-one.
The first local attempt to apply the
law requiring children to support their
parents was passed upon in an opinion
by Judge Gunster. Samuel S. Vail of
Fell. brought suit under this new law
against his children, De witt Vail.
Henry Vail, Andrew Vail, John Vail
d and Joseph Vail. All of the defend
agreed to pay SO a month to the sup
port of their father Joseph contended
that he was not financially able to con-
tribute anything and Judge Gunster,
after reviewing his testimony, concurs
with him, and dsmisses the case.
The two big verdcts secured at the
last term of civil court against the trac-
tion companies will stand as far as the
local courts are concerned. In the case
ofELiZzie Gilmartin, of Carbondale
against the Lackawanna Valley Rapid
Transit company, in which a verdict
of $1,000 was rendered, the rule for a
new trial was discharged, and in the
case of John Regan and his wife, Mary
Regan, against the Scranton Traction
company, wherein a verdict of $500
was given the plaintiffs, the same dis
position was made of the petition for a
new trial
RECEIVER REFUSED.
Judge Archibald refused the petition
of E. X. Hanley for a receiver for the
Traders and Bankers Mutual Life as
sociation, The proper course to pursue
Judge Archibald says, would be to
bring the matter to the attention of
the insurance commissioner, through
the attorney general. The charges of
fraud, contained in the petition, are
too vague and indefinite, court rules
to be entitled to any consideration.
In the ejectment case of John j. Mar
shall against Simon Rice, Judge Ed
wards discharges the rule for new
trial with the following opinion: There
are very few exceptions on the record
in this case, considering the large
,f
sides. The incident which occurred
during the argument to the jury by de-
fendants attorney and which was,
made the subject of an exception, is
Of very little consequence, in our judg-
ment. There was no evidence to JUS
tify the comment counsel proposed
making on the clause of special war;
ranty contained in the deed from Nor
ris to Marshall. And the matter was
of such slight moment that we cannot
see how it would effect the case either
way.
THE rule for a new trial is dis
charged, and a new trial refused"
The ground for a new trial was that
court erred in forbidding the defend
ants counsel, r. c. Newcomb, to COM
ment to the jury on the fact that the
. deed which Marshall held was a quit
claim deed, while all it's predecessors
fr, - the government patent down were
W. ty deeds. The idea of Mr. New
comb was to show that Morris, who
gave the deed to Marshall, knew that
Rice had gained possession Of a part
of the land by squatter's right Court
held that the contents of a deed was
for the court and not for the jury.
In the case of B. S. Wakeman against
]. N. Thomas and p. H. French, the
rule for judgment for the defendants
Notwithstanding the verdict was dis
charged by Judge Edwards, and the
jury's award of $l56.2S was directed to
enter for the plaintiff. The rule for
new trial falls by this decision.
In the famous false Imprisonment
case from Clark's Summit-Andrew s.
Myers against S. p. Litts-Judge Ed
wards refused the application for a
new trial, but cut down the verdict
from 500 to $3.50.
In the case of the Wegman Fruit
company against the Scranton Mer-
chandise company. the rule to dissolve
the attachment was discharged
The application of the city of Scran-
cases brought by Christopher Smith,
Of Lackawanna, for injuries which his
wife sustained by tripping on the side
walk on Penn avenue, were refused
The motion for judgment in the case
of John II. Jones against Charles Clark
was refused and the rule discharged.
In the case of Dain & Daschbach
against F. G. Hoffman the rule to
strike off the appeal was discharged
and the defendants given permission
to perfect the appeal.
In the case of George X. McMeehan,
Son & Co. against Andrew Rauch-
mayer, Judge Edwards denied the rule
for judgment for want of q sufficient
affidavit of defense. He said: "The
affidavit of the defendant is sufficient
In form and substance to prevent judg-
ment. 1t sets forth a legal defense"
The rule to open judgment in the
case of A. f. Betterly against David
r. Davis was made absolute by Judge
Edwards.
RULE MADE ABSOLUTE.
In the case OF John o. Scovel against
w. II. Wright, the rule to have the
audit opened was made absolute by
Judge Gunster. The application was
made by N. b. Levy. who alleges fraud
and collusion on the part of the de-
fendant and senior execution creditors.
Scovell was employed in Wrights jew
elry store. before it was closed by the
sheriff.
Judge Edwards denied the rule to file
an appeal nunc pro tune in the case of
John Mcguire against Richard r. AS
we'll The petitioner has good de-
fense. the judge says, but his failure