The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-07

at the opening of court yesterday
morning, nine of them coming from
Judge Edwards, one from Judge
Gunster and two from the court en-
banc.
One that came from Judge Edwards
is Of general Importance. 1t deals with
the relations between contractors, sub
contractors and material men in the
matter of liens. 1t is the case of the
North End Lumber company against
a. =. O'Donnell. A new trial was re-
fused
In the case of Mrs. A. Reynolds of
the West Side, convicted of forging her
husbands name to voucher for $50,
which was presented to the Lackawan-
ma Trust and Safe Deposit company.
the defendants attorneys, Vosburg &
Dawson, applied for a new trial on
the ground that q wife can not COM
init crime by forging her husbands
name. A new trial was refused.
The rule for new trial applied for
by the defendant in the case of John
j. Fahey and James Fahey against
the Empire Life Insurance company
was discharged by Judge Edwards and
the new trial refused.
The plaintiff was given n verdict of
s2,4S0.G5 on an insurance policy on their
father.
The company wanted to pay S1,516.70,
tn policy share of the mortuary fund,
objecting to the recovery of $9O9.75-
premiums paid on cash and interest
amounting to $154.23. contending that
every such share of the premiums and
interest as was applied to the NOR
l. s-
case where the court gives the plain
tiff the benefit of the commas and fine
print in an insurance policy.
In the case of John ]. Curran against
the Lehieh Valley Railroad company
Judge Edwards decided that an "act-
ing secretary" of a corporation is y
secretary for the purposes of a legal
process and discharg d the rule secured
| by the defendant to set aside the sher-
ifs return because it was served on
the acting secretary OF the company.
Under the law directing that the pc
tition for the cancellation of a deed al
! legged to have been secured by fraud
is not matter for equity court, Judg
Edwards, sustained the demurrer and
discharged the bin in the case Of Long
street and others against c. NJ. Ed
wards. 1t Is properly an ejectment
suit, the Judge says.
! The rule for q new trial in the case
! of Tessie Higgi against y. J Fan
ming & Company, was discharged. The
plaintiff was granted verdict Of $3,-
200 for injuries to her hand sustained
while working in the laundry of the
defendants. Judge Edwards says the
! instruction to the jury in the matter
! of negligence was correct and that the
! verdict is not so unreasonable as ia
/ warrant the court in disturbing the
! finding Of the jury.
The exception to the report of M. J.
Martin, referee in the case Of Ella Kel-
low against the City of Scranton were
overrulCd, and the prOthonotlry was
directed to enter judgments in accord
anCe with the referees findings. The
| plaintiff was awarded 50 900 damages
for injuries sustained by a fan on Il
! defective sidewalk on West Lack wan
na avenue, in March. 1897.
In the case Of David Spruks against
Frank Posato and others. the sheriff
was directed TO p. oceed with the levy,
no bond having ben filed with the in
terpleader.
the case of Fred Hug against Hazen
& Son was made absolute. 1t is a suit
to recover n horse, sold at sheriff s
sale and again transferred. The JUS
tice of the peace returned it as tres
pass suit and the court granted a nom
suit when the defendant showed tha,
it was properly n suit IN replevin.
Judge Edwards now says that this was
holding the plaintiff to too strict IN
acCounta bility for the error of the JUS
tiCe of the peace. The transcript was
defective in form but the cause was
properly stated and that the name Civ
en- the action by the justice in the tran
script should not be OF controlling i'm
portance.
In the case Of Lizzie Carey against
Jones & Jones it was decreed that II
the plaintiff RENTS Sl65 Of the $5G5 yer.
dict that the rule for a new trial shall
be discharged; otherwise the new tria
to be allowed.
The rule for a new trial was made
absolute in the case Of John C. Miller
against the Inter state Casualty com,
pany.
In the matter of the assigned estate
Of A. w. Clark, the exceptions of z
Robinson's Sons to the charges Of the
assignee We're sustained. The fee oi
1925 was cut down to $50. An allow,
ance of $25.25 made the assignor fo,
"care Of house and contents" was
stricken off, the court agreeing witt
the exceptants that the assignor wa.
amply repaid for his services by hav,