The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-24

test, should not be paid to Dennis j
Roche. court discharged the rule for
want of Jurisdiction.
Arguments were heard on seven de-
murrers to suits In nssuinpsit brought
to collect paving assessments. The de.
| m,irrers were based OH the decision OF
the Supreme court IN the Sturges case
IN which 1t was held that n paving as
sesslnent Is tag and not collectabe
by assu,npsit. The City of Carbondalc
was plaintiff In three of the cases. the
defendants being a. Gillis, Thomas
OT'onnell and IT. r. Jadwin. The de-
PENDANTS in the Scranton cases arc
West Lackawanna avenue property
holders. Roger McGowan. George kcl-
low, John Wuench and II. a. Coyne.
These are cases in which the liens
were irregularly filed, and IN which the
city sought to recover in assunlpsit ,n-
der the act of 1889. In the Sturges case
the Supreme court declared that the
act of 1889 does not give this authority
Attorneys Il. =. Duffy and c. Comegys
represented the demurrers. City So.
licitors Watson and Stuart argued
| against them.
The case of the commonwealth against
Michael kosh. in which the defense Is
seeking II new trial on the ground that
the only witness for the prosecution,
Frank Jones. is not veracious, was SUBJ
mittcd OH the depositions.
The rule for n new trial in the case
OF the City of Scranton against Martin
Flahery was discharged. This is the
case in which the plaintiff secured pay
as police officer for the time he was
under suspension and the period elnps-
ing between his dismissal by the mayor
and councils concurrence in the dis
miSsal. Other cases were dealt with
| as follows:
DISPOSITION OF CASES
ArcucdThomas II. CLARK a.ans; Charles
Stuart; rmla to strike off non.suit. In rc D!vis
! ion Of the borough OF Old Forge into witds; cx.
cepions TO commissioners report In re: Road
in Spring Brool; and Clifton townships; cNcep
tions TO report Of vi.we,a. In Ie: Condrmnat ior
Of Brown Hollow turnpike; exceptions to icpni,
Of jury ot view. Commonwealth against James
Kirk; rule for reward for experimenting ho,st
thief. Pennsylvania Central Brewing company
against Peter L;pow!cz exceptions to atiilayi OF
defense.
Rule Absout Commonwealth against Thomas
Bonus, John Smith. Roger Mct;oSan. Thomls
Smith. William Barr, John Connolly. Gencrosa
Spiath, Edward .\tcn; rules to remit costs. NJ.
Firr>;ine against l.. Freedman; rule to quas
ccrtioiari.
Rule Discharged by Agreement Commonwealth
against Andre Szimonak rule to remit ssr'
fciturc.
Rule Absolute by AgrccmcntE. Robinson
Sons against Jacob Suroviz; exceptions to af
davit OF defense and rule for Judgment
Submttcd-Comn,onweat against Mike Sod
lock: rule to remit forfeiture. In re: Change Of
polling place; Third ward. Second district, Dun
| more. In re: Adoption Of william G. Fisher.
Contnucd-Thc Rochester Chemical company
! against W. II. Coon company, limited; rule IL
file amended statement Commonwealth againsi
Michael Cunningham; rule for new trial. Com
| monwcalti against Alex. Ieyan rule I" remit
forfeiture. Commonwealth against John Mall"y;
rule to remit costs (wo cases.. Salem township
against Sprin.: Brook township; rule on ovrrscc's
of the poor to pay costs and expenses. Co,nmou'
wealth against |. S-dman; rule to remit costs.
Com ,}nonwealih against Harry Evans rule &c
qnasii indictment uwo cases.. Mountain Ink
Land and coal company against James NJ. M'r'
ray: equity.
The case of the City Of Scranton
against Henry r. koehler and others --
rules to strike off municipal lien--will
be argued this morning.