The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-27

Three court rooms are again in oper-
alton In this weeks session of common
pleas. Judge Archibald is presiding in
the main court room; Judge Gunster in
No. 2. and Judge Harold Mcclure, of
Lewisburg, in the Superior court room.
The following cases were continued
on the calling over of the trial list:
Hillside Coal and Iron company against
w. j. Pitt; Spencer Optical company
against J. w. Guernsey; Hillside Coal
and Iron company against George
Waters and others; Chapman e Co.
against Quackenbush & Co.; r. d.
Cleveland against T. r. Palmer, Will
liam Herbert against owen c. Johns;
Corning Iron Works against Green
Ridge Iron Works. A. L. Spencer
Settlements were announced in the
following cases: G. j. Thomas against
Jesse T.. Austin; Joseph Ansley & Son
against L. NJ. Tewksbury and others;
Wolf & Warren, executors, against
John +. Neagher.
Judge Archibald granted a compulsory
non-suit in the case of Eliza Brown
against M. f. Ainey, when no one ap-
peared for the defense. 1t was a suit
for the possession of a lot on Garfield
avenue
Michael Morahan failed to appear to
defend the wage claim of S29.45 which
was made against him by John ]. Muir
ply and a verdict for the plaintiff was
directed. William Haskins lost his
wage case against Joseph Conrad
through the defendants ability to prove
an offset of 1926 against a claim of S.
WITHDRAWN FROM JURY.
mi. n
against the city of Carbondale was
withdrawn from the jury that the
plaintiff might amend his declaration.
In the case Of Jay b. Richards
against Charles T.. Lee a verdict for
the plaintiff was entered by agreement.
The case of Jones, Simpson & Co.
against the HOwell-King company is
on before Judge Mcclure. 1t is a suit
to recover for horse killed in a collis-
ion between teams owned by the re-
spective parties, at the Ridge, Arch
| bald in the summer of 1897. The plain .
tiff alleges that the Howell King COM
pany's driver was drunk The defend
| ants say that their man was sober and
that the collision was purely acciden-
| tai.
In answer to the petition of Annette
Reynolds for leave to intervene in the
case of Charles ii. Welles against
Laura and Arthur rockingham. Mr.
Welles yesterday filed the following
aVerments:
Plaintiff does not admit the state
ment that the premises have not de-
| preciated in value since they were con-
| veyed to him, or that they materially
enhanced in value. and denies, specific
oil l.
| plaintiff has realized the full amount
| Of the plaintiffs Indebtedness for the
said purchase money, with costs and
| interest thereon.
1t is not true that the plaintiff. at the
time of the sheriff's sale, had seized
and taken in execution upon the same
writ, other real estate, as the property
of the defendants, or that he became
| purchaser of any other real estate
| than that included in the mortgage
| nor is it true that he negotiated with
Arthur rockingham, through his at
| tOrney. to become the purchaser ant
bid off the several properties, which he
| had so taken in execution, and to give
him. the said rockingham, an option
to re-purchase them and to again take
the title upon the payment of stipu,
| iiltb dlIlounl, " VII. tlle dSSTtSdl'
amount of the indebtedness then OWNS
by said Frothingham. 1t is not tru'
that any such agreement was put il
writing and executed by the plaintiff
and delivered by him to NJ. w. Lowry
| rockingham attorney.
| WOULD NOT DEAL WITH HIM.
On the contrary the plaintiff bein.
| requested, after the sale, by NJ. w
Lowry, to get him an option upon tn
said property, especially and emphatic
ally stated to the said Lowry that HI
| would not deal with him as the attor
ney Of either of the Frothnghams, no
would he directly or indirectly hav
| any dealings or communications witt
the said Frothinghams with reference
to the said property. An option wa
| given to NJ. w. Lowry personally L
purchase the said property within
time in the option specified, but tn
said Lowry failed to comply with tn
f1N, ~