The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-13

on Monday the ejectment case OF
Patrick r. Gordon against Gosner
James was called for trial before Judge
II. w. Archibald in the main court room
and was fought with much vlgor dur
ing the dav. The trial was resumed
when court opened yesterday morning
at 3 o'clock, but about an hour later
the parties to the suit agreed upon
settlement. by the terms of which a
verdict was taken for the defendant,
neither side to file bill of costs.
When court opened yesterday morn
ing the jury in the cabbage case or
Rutland & England against John L.
Hull returned a verdict in favor OF the
plaintiffs for S5O2. The case was called
for trial before Judge Simonton last
week and the charge to the jury was
completed at noon Monday. The jury
remained out all night and reached an
agreement at o'clock yesterday morn
ing.
Before Judge Love in the Superior
court room the case of James +. Boyle
against +. +. Boyle's executors. which
was on trial nearly all day Monday,
was given to- the jury early yesterday
afternoon. Up to the hour of adjourn
In the case of j. w. and J. S. Miller
& Co. against Michael Jacko & Co
there was no appearance for the de-
fendant and a verdict of $39S.S6 in favor
of the defendant was rendered. The
trespass case of Thomas b. Gordon
against the city Of Scranton was re-
ferred to Attorney Charles T.. Oliver,
and similar action of Sarah Biglin,
Il ,ft,ic fro atyiN inc no pi ra-
ferred to Attorney c. b. Gardner.
It was agreed to refer the assumpsit
case of Emma Cobb against ]. w.
Guernsey to Attorney George S. Horn.
BEFORE JUDGE GUNsTER.
Before Judge Gunster yesterday
morning the replevin suit of Kahn &
Kahn against j. Fagely, formerly en-
gagged in the shirt manufacturing husi-
ness on Spruce street. and w. s. Fage-
ly, the surety on his replevin bond was
called. There was no appearance for
the defendant and a verdict of S3O5. %
was given in favor of the plaintiffs,
| that being the value Of the goods in
the possession of Fagely which the
| plaintiffs claimed
The next case called before Judge
| Gunster was trespass suit that took
up the remainder Of the day. j.. X,
| Depuy is plaintiff and J. NJ. Coleman
defendant. Both are we'll known resi-
dents of Dunmorc. Mr.. Coleman held
a Judgment against Harry Depuy and
| in executing on it levied on and sold
two horses, two harnesses and a car
| riage.
These goods T.. II. Depuy says were
! his property and not the property OF
! Harry Depuy and he seeks to recover
! damages for the sale Of them. One Of
! the witnesses called by the defense was
the famous Jud Wolcott. The case was
presented by Attorney e. G. Newcomh
| for the plaintiff, and Attorneys NJ. f.
Mcdonald and John T. Martin for the
defense. When court adjourned for the
day all the testimony had been heard
the arguments to the jury and the
charge of the court will be heard this
morning.
An action that is of much interest tC
mechanical engineers and others who
perform like professional services was
yesterday referred to Attorney w. w
Lathrop by the agreement of counsel
for consideration. The plaintiff is G
w. Parsons. who is represented by At
! tOrney H. Is. tteplOPle, anu lHe ucItnN'
ant is the Scranton Caramel company
whose attorney is $. B. Price.
PARSONS MADE THE PLANS.
The Caramel company wanted a ma
chine designed for stamping out cara
melS and Mr.. Parsons was directed Il
prepare the plans. He presented bill
for $3.50 for his services which has no
been paid. The case was heard befor,
( Alderman Fuller some time ago VIII,
decided that Mr.. Parsons could not re
cover as his services did not com,
within the scope of implied contracts
for professional services.
The alderman held that he shoult
have. had a contract or agreement o
some kind concerning the amount h.
was to receive for his services. An ap
peal was taken from the alderman
decision, Mr.. Parsons attorney con
tending that his client was called il
his professional capacity to perform
expert work and he is entitled to ren
der bill the same as a physician or at
tOrney.
The point raised is a new one an
the final decision with reference to i
will be watched with no little interest