The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-07
Decisions by the Judges.

a number of decisions were handed
down, yesterday, by Judges Edwards
and Kelly. Among them we're several
| of more than usual Importance. The
| following were by Judge Edwards.
Bridget Lyden against Lackswanna township
Plaintiff sought a mandamus execution Oh judg.
mcnt for $50. The township defended on ,hc
ground that the money in the treasury was
needed for road repairs Court refused tho
mandamus, ruling that the first duty of the
township is to keep the roads in repair aud that
only surplus moneys are available for other
| debts. II there is no surplus special levy must
be made
In re insolvency of Charles vosten--Rcport OF
trustee set aside and trustee directed 10 tiN a
day for hearing proofs OF claims of creditors.
Rate Williams against City of Scranton-Ex.
ccptions TO the report of the referee ovcrrucd
and Judgment entered for the defendant in ac.
cordancc with referees recommendation.
p. i. Conroy against John IIotchko and Eliza
beth lIotchko, his wife-Ths fury gave a verdict
of $40 against both defendants for carpenter work
done by the plaintiff. The defendants asked to
have the verdict against the wife set aside and
a new trial granted the husband. Court grants
first request, but allows the verdict TO stand
against the husband.
James ]. Croghan against Michael Hand
Rule TO open judgment discharged.
In re transfer of license of Charles Staulen.
mayer TO A. L. Norris-Lcensc transferred and
bond approved
Commonwealth, to tho use OF Anna Branda
against W. II. Saundry-Rule for Judgment made
absolute.
Spruhs Bros against william Kinback-Rulc
FOR now trial made absolute.
Commonwealth against Duryca Bartcll--Thc
wife had her husband arrested for dcscrtion and
sued besides for maintenance. The judge ruled
that the facts OF the case did not warrant an
order for maintenance. but the husband was
not hlamclcss he should pay the costs.
Judge Kelly rendered the following
decisions:
commonwealth against LeRoy Wals--rhc de.
fcndant had George Smith arrested on the charge
of being the keeper OF bawdy house, "with
the intent to intmidatc, annoy, levy backnail
and cXtort money" Defense was made that mo
crime is charged in the indictment known to the
common statutory law of the commonwealth
Of Pennsylvania" The indictment is drawn UNI
der the provisions of the act of May 81, 1897, p.
L. Ill. entitled "An act to amend act max
ing it Il misdemcanor to levy blarkmail. etc"
The defense held that this act was unconstitu-
tional and void Court rules that the title of
the act is confusing, If not actually misleading.
in that it dcsignatcs the act as an amcndatorv
act while il makes no reference TO an act it
making it misdcmcanor TO levy blackmail,
etc. As a matter of fact, the court holds. no
such original act exists. The indictment there
for charges indictable oficnsc and the rule
TO quash is made absolute.
In re road in Spring Brook townsp--Thc re.
port of the viewers IS set aside because they
were not properly sworn, they evidently hav-
ing sworn themselves instead Of another,
which they evidently attempted to do. and for
lp hpr ia n Uiv
notice.
Decisions made by the court in banc
We're:
d. B. Rcploglc against Arthur Frothingham---
Defendant sought TO stay execution against
property in Monroe county because the defend
ant had property in Lackawanna county. Tic
defense failed to establish this and the rule TO
stay execution discharged.
John p Jones against Anna Joncs--Dccrtt IN
divorce granted.
Theodore p. Slcppleman against Minnie Slcp.
pleman-Decrec in divorce granted
In re adoption of Margaret Davis-Rule for
adoption made absolute.
C. B. Gregory against Louis Connors-Exccp.
tionS to report Of referee dismissed.
j. II. Closgcns against Protheroc & Watkins
Exceptions to report of referee dismissed
Morris Freedman against George NJ Okell-
Defendant admitted to common bail.
Ontario and Western company against NORTH
west Coal company-lnjuncto continued until
March 10, 1902
VI, A. Fitch against Townsend p. Ftch-Rulc
for decree in divorce granted.
Commonwealth against Charles Kodect--Rulc
to remit forfeiture made absolute on payment
of costs
Commonwealth against Adam Spitzger--Rule
10 remit costs made absolute.
Commonwealth against William Moian-Rulc
absolute to remit forfeiture.