The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-23

Court entered upon q new term yes
terday and had a very busy DAY.
Judges II. w Archibald and f. w.
Gunster were on the bench. Judge IL.
NJ. Edwards is enjoying a needed rest
at Atlantic city. His opinions were
handed down by his brother judges.
Altogether sixteen common pleas
opinions were handed down yesterday
and there were orders without num-
Der The grand jury was charged,
Constables made their returns, equity
court was held and the judges listened
to arguments in the counCilnanic con-
tempt and in many other matters.
When the case of Wyoming county
against it's commissioners, Charles
NVheelock. r. IL. Chase and Michael
Brown. was tried here at the last term
Of common pleas court, q point was
reserved by Judge Archibald from the
consideration of the jury. The action
was brought to recover certain
amounts with which the auditors sur
charged the commissioners for alleged
unwarranted amounts paid for the
construction Of a bridge and a soldiers
monument and for certain fees which
it was alleged were paid by the coun-
~. but for which the county was not
liable.
The court reserved for further con-
sderation the matter of fees. The
claim was barred by the statute of
limitations but the commissioners did
not raise this objection when the claim
was presented and the auditors held
they neglected the interests of the
county in failing to do so and sur
charged them with the amount Of the
fees, $6771. The jury eXOnerated the
commissioners of paying too much for
the bridge and monument but found
against them for the fees in dispute
their verdict being subject to the point
reserved. The opinion handed down
yesterday by the court with reference
TO the matter was as follows:
OPINION OF COURT.
according to the opinion of q ma
jnrity of the judges, it was within the
discretion of the defendants or county
commissioners to pay the costs In
question, Notwithstanding the fact
that the statute had run upon them
The commissioners were not bound tC
enforce the statute against their pay
ment and cannot be surcharged for the
failure to do so. The county could not
insist on the bar except through the
defendants, its duly constituted rep
rcsentativcs who have not seen fit tC
raise it. Judgment is directed to bt
entered for the defendants on the re-
serve point"
In another opinion the costs are dis
posed of as follows: THE defendant:
having recovered more favorable
Judgment in court than they did by
the report of the auditors from which
this appeal was taken, are entitled ac
cording to the statute TO have all The
costs paid by the county"
In the case Of Michael Brennan
against Charles Benson and Frederick
Mink, exceptions TO report of referee
Judge Edwards dismissed the eXcep
tions and directed judgment to be en-
tered in accordance with the recon-
:nendation of the referee
The rule to strike of appeal was dis
charged by Judge Edwards in the cast
of VI. Alice Scanlon against a. j
SHAFT. He said the court had no power
TO look beyond the record of justice.
The rule for new trial was dis
charged and a new trial refused il
the case of George q. Winans agains
J. NJ. Bunnell. The suit is the out
growth Of a dispute between the mer
concerning the cost of testing certain
lands in New Hampshire which ar,
supposed 10 contain gold producing
ores
In an opinion by Judge Archibald
judgment for the sum of Sl,S7j.25 wa