Evening star., 1902-05-07
OPINIONS RENDERED
COURT OF APPEALS PASSES
UPON LOCAL CAUSES.
Trial Courts Judgment Affirmed in
Several Instances-A Motion
for Appeal Dismissed.

The Court of Appeals in an opinion writ
ten by Mr.. Chief Justice Alvey, has af-
frmed the judgment of the lower court in
the case of James w. JONES' appellant,
against Ida NJ. Jones. The bill in the case
was filed June %, 1900, by Mr.. Jones, who
alleged inffdelty on the part of his wife.
The Justice below dismissed the bill prin-
clpally upon the ground of the non-eompli-
ance by the complainant with rule of the
court, though he was of opinion that, ac-
cordng to the evidence, the complainant
was not in position to ask for and receive
relief from the court.
ION this latter ground, if on no other,''
says the Court of Appeals, I'VE think the
court below entirely right in dismissing the
BILL
In an opinion written by Mr.. Justice Nor
ris the Court of Appeals has dismissed the
decree appealed from in the case of Arvillia
McDonough, appellant against Patrick J..
McDonough. The appeal was from a de-
cree of the Supreme Court of the District
of Columbia refusing to grant divorce
and dismissing the petition filed by the ap-
pellant therefor as complainant.
There is only question of fact in this
case, and that is whether the testimony
supports the charge of wilful desertion and
abandonment, says the Court of Appeals
''While there is enough in the testimony to
show misconduct on the part of the appel
lee it must suffice to say that we do not
find it sufficient in law to support the claim
of the appellant. We think, therefore, that
the court below right in dismissing the
petition and refusing the divorce.
Action in Ejectment.
The judgment of the lower court is af-
firmed by the Court of Appeals in an opin-
ion written by Mr.. Chief Justice Alvey in
the case of Milton A. Crandal and Lena
Crandall, his wife, appellants, against Cath
arne l. Lynch. The appeal was from
judgment rendered in an action in eject
ment brought by Catharine I. Lynch
against Milton r. Crandall and Lena Gram
dali to recover premises 33 n street. The
trial resulted in a verdict and judgment
for the plaintiff. The defendants appealed
from the judgment.
In the case of John e. Roller intervenor,
appellant. against-Allen C. Clark and WIFE,
and others. the Court of Appeals in an
opinion written by Mr.. Justice Shepard,
has denied the motion for a rehearng.
The Court of Appeals, in an opinion writ
ten by Mr.. Justice Shepard, holds that in
the case of Martha /. Hunt against the
Springfield Fire and Marine insurance Com
pany the court below was right in overrul-
ing demurrer, and affirms the Judgment
The action was begun by the appellant as
plalntiT to recover upon a policy of fire
insurance. Several pleas We're filed by the
defendant. The demurrer to one of these
pleas was overrfled and the plaintiff, hav-
ing elected to stand upon her demurrer, the
court entered judgment for the defendant,
from which the appeal was prosecuted.
Judgment Reversed.
The Court of Appeals has handed down
an opinion written by Mr.. Justice Morris,
reversing the judgment of the lower court
in the case of William Dunlop Owens, ad-
ministrator of Thomas Owens, appellant,
against Ernest Wilkinson. The appeal was
from judgment rendered in a suit institut-
ed by Wilkinson to recover CONDENSATION
for professional services rendered by him
to the deceased, Thomas Owens. The YER
dict and judgment were for the plaintiff for
the amount claimed and the defendant ap-
pealed.