The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-15

is reprinted in another column, the
Judges handed down number OF i'm
portant findings yesterday.
In an elaborate opinion in the case
of Cokely, ct al, against the Sterling
Cycle works, where a new trial was
applied for by the defendant, Judge
Archibald discharges the rule. The
plaintiffs are sisters of A. w. Jurisch
and succeeded him in the ownership
and control of his bicycle and general
sporting goods store in the Hotel Jer-
myn building. The defendants endeav-
cred to seize the store, through the
sheriff, icontending that the constables
sale, by which the plaintiffs claimed
title to the stock, was invalid because
II was not properly published. Speak
ing of the merits of the case Judge
Archibald says:
1.-THE jury have found that the claims
of Mrs. Cokely and her sister were hon
est, and honestly prosecuted against
their brother, as was certainly war
Tanted by the evidence, notwithstand-
ing the appearance of some things to
the contrary, which were shown. If
there was any fraud in the transac-
tion, I am satisfied, as were the jury,
by these ladies'"
The legal question involved rested
upon the reading of statute defining the
manner Of publishing the notice of a
constable's sale: Notice shall be Civ
en- by at least three advertisements
put up at the most public places in the
township ward or district of his resi-
dence."
- POSTING OF HANDBILLS.
The defendant the time lived in the
Thirteenth ward; his store was in the
Eighth ward and constable was from
the Sixteenth ward. Two of the hand
bills were posted in the Eighth ward
and one in the Sixteenth ward The
Cycle company contended that the no
tices should have been posted In the
Eighth ward, but at all events they
were not properly posted because in
no one ward were three notices posted
Court at the time ruled this out as
immaterial and still holds to that opin-
ion and says:
1T certainly is the expectation of the
law that its directions shall be follow
ed and where the execution creditor
either knows or has reason to believe
that they have not been, he cannot
we'll complain If a sale held in disre-
gard of them is declared invalid. .
A known violation of the law
which is countenanced and acauiesced
in, is nothing more nor less, under such
circumstances, than an intentional eva
sion of it, which will not be tolerated.
But we have nothing of that kind here.
There Is not a scrap of evidence to
show that the present Claimants knew
what had been done or not done to-
wards making public the sale of the
goods which they purchased: nor was
the sale so unattended by bidders as to
suggest that it had not been duly ad-
Vertised.
WITTY nNis they stood like anv
nth rS n RI there, with right to
assume tMat the officer had done his
duty. For any omission or irregu,ar-
= lty In the execution Of the writ not
known to them, the eIconstable was an
swerable and not they and there Is
nothing to be now laid to their charge
in consequence. There being no actual
or legal fraud, therefore in the sale,
It was valid, and conferred upon the
pialntlns good title, and the verdict
In their favor must be allowed to
stand"
THE MARVEL CASE.
In the case of Mary Marvel. by her
next friend, John Grow, against George
phillips, Judge Archibald discharged the
rule to set aside the verdict This Is q
preach of promise case from Olyphant
George Phillips was engaged to marry
Mary Marvel and went so far as 10
Join with her in taking out a maria ge
license. He changed his mind, how
ever, and the very next week married
another girl. She sued and secured a
verdict of $500. Ex-Judge Stanton. at.
torney for the defendant, refused to go
on with the case when it was called 10
trial, alleging that it had been discon-
tinued and exhibiting in substantiation
thereof an order of discontinuance
made by the girl
John f. Murphy, attorney for the
plaintiff, held that the girl could not
discontinue tie suit, as it had not been
brought by her but by her next friend
John Grow. IAN infant" the Judge
says in his opinion, when he comes OF
age may discontinue an action brought
in his behalf by a next friend, but prior
to that time has no control over il
1t is of no concern whether the
the infant or without it,"
To clear the record the court directed
that the discontinuance ordered by the
Marvel girl be stricken off, and thai
the rule to set aside the verdict be dis.
charged.
CANNOT BE REVOKED.
decree of adoption once made can.
not be revoked. So Judge Archibald de.
cided in the matter of the petition OF
A. j. Rogan, of this city, to have re.
voked the decree by which the peti
toner adopted Daniel Hagen. Mr.. Ro,
gan alleged that the boy was incor
rigible; that he would not stay in hi.
adopted home, and that ne himself
wanted to be relieved from the lega
relations established between him ant
the Rogans.
Court says it might be better fol
both parties II their relations were sew,
cred, but court has no power to effect
decree an adoption but, in terms a.
least, 1t does not authorize us to undI
what we have thus done.
The ordinary rule as to the judg
ments and DEGREES of court is that they
become final and conclusive with thu
passage Of the term at which they ar,
made. Until that has run, they arr
within the control of the court which
made them, but after that they can
not be interfered with
Judge Edwards overruled the excep
tions 70 the findings of the trial judg,
in the case of the Equity Improvement
company, OF Scranton, against tn,
af