The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-29

Arguments were heard in the poor
board quo warranto case yester-
day as expected. Judge Archibald,
considering himself party to the case,
declined to act in it, and as Judge
Gunster was not at hand and Judge
Edwards did not like to hear it alone
the case went over until this morning,
when Judge Gunster will be present
In the case of Il. NJ. Winton and
others against the Mt. Jessup Coal
of the defendant.
The case grows out of a dispute
over the leasehold of the Rebecca Dana
tract near Winton. The defendant
company in 1891 begun the mining of
coal from the tract, under lease
signed by three of the five joint ow-
ners. The plaintiffs sought to restrain
them by INDUCTION. The defendants de-
INJURED to the bill and yesterday court
sustained the demurrer and dismissed
the bill without prejudice. Major Ev-
erett Warren represented the plain
tiffs and Hon. w. w. Watson the de-
fendant
The exceptions to the report of the
viewers of Section G. Of the Fifth sew
cr district, was argued by Mr.. Vosburg
on the part Of the property holders.
and City Solicitor Mckinley for the
report. The property holders are try
ing TO set aside the view on the ground
that the improvement was not peti.
toned for as required under the law
of 1891. Mr.. Mckinley maintained that
no petition is necessary
DEPUG PETITION.
The petition of Rose T.. Depuy, of
Dalton, to have court remit the costs
which were placed on her by the grand
| jury in her criminal libel against +.
j. Fitzsimmons was granted. In the
matter Of submitting the case to an
other jury court reserved it's decision.
Mr.. Nosburg argued for the appeal
from the decision of the register of
wills in Estella Woolseys contest Of
the will of her brother. John Faurot
Hon. W. w. Watson appeared for the
will. The petition asks to have the
| case submitted to a jury on the cues
! tions of the genuineness of the sigma
| ture, the testamentary capacity of the
| deCcdent and the matter of undue in
! fluence being used by Mrs. Fourot to
! induce her husband to make her sole
! heir and eXecutriN.
Emma Watkins exceptions to the
| auditors report on the estate of her
! mother Mrs. Emma Watkins. deceased,
! were argued at length. The will stip-
! ulates that the daughter shall be sup
ported from the estate until she reaches
! the age of tWenty-one. She has reach
| ed that age and now comes in to court
! to demand from the estate what it
! has cost for her support since her
| mothers death to the time she OBJ
/ tanned the age of twenty-one. The
! estate, represented by Mr.. Comegys,
! and the guardian, represented by Judge
! stanton and Mr. Noshurg, opposed the
! petition on the ground that the guar
dian has provided for the daughters
| keeping all along and that to grant
! her petition would be to pay the al
! lOwance twice.
NEW TRIAL GRANTED.
The rule for new trial in the case
of Mary Swift against Michael Walsh
was made absolute. 1t is a suit over
a COW which the plaintiff sold the de-
! fendant and which shortly afterwards
died. The case was decided in favor
Of the plaintiff during the absence of
| the defendants attorney, Mr.. Harris,
! and upon his showing that it was no
! fault of his that the case went on
! without him, court allowed a new trial.
For the same reason a new trial was
! granted in the case of Hunt and Connell
against a. p Bedford. Judgment was
taken against the defendant during the
absence of his attorney. Major T. F.
| Penman. When it was shown that this
occurred through a misunderstanding,
for which Major Penman was not ac-
| cOuntable, the opposing attorneys,
Wclles and Torrey, acquiesced in the
! granting of a new trial.
| In the case of the new Schiller Build
! ing and Loan association against Rob
ert NJ. Evans, administrator, the rule
to open judgment was discharged.
The petition to change the polling
| place in the Fourth district of the Nine
| teenth ward from the house of Char
les Beck to that of James McGinnis
was refused, court holding that the
! present place was the most central.
The damage suit of Emma Scott
agains the city of Scranton will be re-
tried. The plaintiff, January 49, 1898,
! fell on a patch of ice on the cross
| walk at the intersection of South Deck
er court and Washburn street, and
| sustained a broken leg. She sued for
damages and the case was, by agree
ment, submitted to Nathan Vidaver, as
referee. He decided in favor of the
city. saying that there was no inherent
defeat in the construction of the side
| walk
THE ESSENTIAL QUESTION.
Judqa Archibald in setting aside the