The times., 1898-11-02
DECISIONS HANDED DOWN.
The Court of Appeals Disposes of
Five Cases


Decisions in five cases were handed
down yesterday in the Court of Appeals
for the District of Columbia
In the case of Belle Alexander against
Thompson H Alexander for divorce the
opinion was by Mr.. Justice Morris. who
sustained the decision of the Supreme
Court of the District The point in ques-
tion was whether or not the defendant
had a right to ask and be allowed a re-
duction in the amount of alimony orig
inally granted the petitioner for divorce
After the suit for divorce was insti-
tuted, in the due course of, time Mrs.
Alexander was granted a divorce. The
decree also provided that she should be
paid $50 per month aIimony with the priv
ilege of having it increased upon proper
showing Her husband was a patent at
torney with a lucrative business, and
Mrs. Alexander soon applied for an in
crease of the amount of alimony allowed
her from $50 to 500 per month.
This application was denied and i'm
mediately after Mr.. Alexander made ap-
plication to have the amount reduced.
His petition was granted by the court.
and the amount was cut from $50 per
month to SIS monthly.
Through some mistake Mr.. Alexander
continued for two years to pay alimony
at the rate of $50 per month after the
reduction was granted, and 1t was upon
his refusal to continue that the point
r'as raised that the defendant IN a d.
vorce suit could not have the amount
specified at the time of the granting of
q ka. Il ,Ist,
alleged on the other hand that the cont
plainalt is entitled to that right.
The lower court, however, decided
| that the defendant was warranted
| in petitioning for a reduction of the
amount of alimony originally fixed by the
court, which was $50 per month, and on
his petition reduced it to SIS per month.
| The case is one of long standing and
has been upon the court calendars of the
| District for nearly twenty-five years.
! In the case of John G. Meyers against
Lewis ]. Davis the finding of the lower
! court was also sustained. This suit was
| for $3.50. a balance on a note for $500, due
| Davis.
The opinion in the case of the Metro
I politan Railway Company, appellant,
| against Charles n. Hammett was also
rendered by Mr.. Justice Morris. who af-
| firmed the decision OF the lower court.
! Hammett was a driver for the Belt Line
Railway Company and was injured in a
| collision between one of Its cars and one
| of the Metropolitan Railway Company's
on September H. 1897. at p and Ninth
Streets northwest He sued the Metro
| politan road for damages and obtained a
verdict for 1850.
! In the case of jeremiah Z. Donovan
! against Allen S. Johnson to recover dam
| ages for breach of contract the decision
| of the lower court was sustained. john
! son was surety for William a. Vaughn.
, the original contractor who bargained to
| erect two houses for the plaintiff by a
| certain stated time. The contract was
! not carried out and Donovan instituted
| suit to recover damages for losses in
rents and for counsel fees. The lower
! court allowed damages for rents. but re-
| fused to allow the claim made for coun-
sci fees. and this decision was confirmed
| by the Court OF Appeals.
| In the case of Fanny X. Gordon, appel
! liant. against Annie W. Frazer, involving
the assignment of a part OF the Mora
claim, amounting to $3.50. the opinion was
| by Mr.. Justice Shepard. who also affirmed
the decision of the lower court. The suit
| was originally brought against Gordon in
| the name of Frazer for the benefit Of
/ Charles II. Sherman.