The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13

A record breaking midsummer day
in court was yesterday. Never, since
the county was erected, was there such
large number of opinions handed
down on a midsummer day as yester-
day, and many of them were OF great
general importance, as VIII be seen Dy
reference to the list printed below.
The Judges have spent the usual
vacation period in hard work. and the
result of their labors was apparent in
the mass of cases disposed of yester-
day. President Judge Edwards had a
particularly large number of opinions.
The various decisions follow:
PRESIDENT JUDGE EDWARDS.
Conrad Schroeder against Scranton
Gas and Water company; demurrer
sustained and plaintiffs bill rs dis-
missed. CThis means that the CITY
councils have no right to pass an Oiul-
nance fixing water ratesD
In re contested election of NJ. j. Kelly
for the Office of county treasurer;
Kelly declared elected, and county dl-
reCtcd to pay costs.
commonwealth Of Pennsylvania ex
rel. John j. Evans and others against
NJ. J. Clarke and others; judgment tor
the REALTORS upon the demurrer with
costs; pcremptory writ of mandamus
issued as prayed for in the petition of
the REALTORS.
In re condemnation of the Factory
vile and Abingdon turnpike and plank
road: exceptions ovcrruled and report
of viewers is confirmed finally.
Commonwealth against :. +. Way
land; rule to quash indictment is dis
charged.
Commonwealth against Frank Sill
man, jr.: demurrer to indictment is
overruled.
Commonwealth against Mrs. Annie
Ames; rule to quash indictment is dis
charged.
Herman Osthaus against Lackawan-
ma county; judgment entered in favor
OF the plaintiff for one dollar and costs.
Commonwealth against j. w. Gucrn-
eey and others; demurrer to Indictment
for conspiracy sustained and Judgment
FOR the defendants
Regina Music Box company against
A. H. Lifts; affidavit of defense in
sufficient; rule for judgment made alb
solute.
John WiddiCombe & Go. against r.
A. Hill and others: rule for judgment,
except as TO the sum Of sl.Sj.
=. y. Manlcy against Isabella Okell;
rule TO set aside award OF arbitrators
obtained by defendant is discharged.
In re estate Of Nathaniel Fitch; ex-
ceptions to report of auditor arc dis
missed. except as to items amounting
to s5,2+242.
w. W. Watt against John McComb;
rule for new trial is discharged and
new trial is refused.
Commonwealth against James W
Guernsey and others; demurrer to in
dCtment is Ovcrrulcd.
commonwealth against Fred w
Naylor; indictment quashcd.
u. Il. ReploCle, assigned to u. 7
Williams against Agnes j. Carey ant
w. &. Carey: rule to stay execution
for costs is discharged,
j. f.. Westgate against j. *. Weld
man: rule for new trial discharged
James Cannon against Mary Riel
rule TO apply money is discharged
without prejudice.
J. S. Miller against F. Gross: rule &c
open judgment made absolute.
Use of Barbara McGinnis against p
G. Cannon; rule for judgment mad,
absolute.
John Cleland against Charles II
SChadt ct al; case stated quashed.
JUDGE JOHN p. KELLY.
T. p. Carter and others against The
Ridge Turnpike company; judgmen
for the plaintiff. defendant to hav,
legally asCertained.
In re Incorporation of the United
Liquor Dealers association of Oily
phant; application for charter is re-
fused.
Scranton Gas and Water compan,
against Cornelius and Margaret 4
Smith; exceptions TO affidavit of de
fense dismissed and rule for judgmen
for want of a sufficient affidavit of de
fense is discharged
The borough of Old Forge agains
the School District of Old Forge
judgment is entered in favor of tn,
defendant and against the plaintiff
with right of appeal.
Marie Walsh and others agains
Bridget O'Malley and others; rule t
strike OF judgment is discharged.