Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-20
By COURT TOE APPEALS
OPINIONS IN LOCAL CAUSES
HANDED DOWN TODAY.
Decree Of Lower Court Affirmed in In
u III
junction Cases-Patent Suits
Passed Upon.
ay handed down

The Court of-Appeals today handed down
opinions as follows:
The Mercantile Trust Company, Hayden
johnson and Percy H. Russell, trustees.
appellants, against Melville D. Hensey,
Frederick Mertens and Park AgneW, de-
cree Of court below affirmed. opinion by
Mr.. Chief Justice Alvey. The bill in the
case was filed by the appellees to obtain an
injunction to restrain the sale OF four GER
tain lots of ground and to have certain
deed of trust vacated. The court below de-
creed that the attempted sale Of the four
lots should be perpetually enjoined. and
that the deed Of trust should be null and
void. The Mercantile Trust Company and
Russell and John took an appeal from
the decree, there being a severance as to
the other defendants.
Timothy Sullivan. appellant. against Lo-
renzo A. Bailey. trustee, decree appealed
from afhrmed. opinion by MIR. Justice Nor
MS The appeal was from decree dimiss-
the sale Of the furniture and fixtures of a
saloon, the stock in trade then in possess
sion OF the appellant "and all rights under
the bar room license standing in the ap-
pellant's name at the premises.
William H. Wyman, appellant, against
Joseph {. Donnely, decision affirmed, opin-
ion by Mr.. Justice Shepard. The appeal
was from decision of the commissioner of
PolOhlS III all interference pIVtccuiA6 AC-
lating to match machine.
Eleanor r. Dashiell. executor of Robert
b. Dashiell. deceased, appellant, against
vernon e. Tasker, decision affirmed, opin-
ion by Mr.. Chief Justice Alvey. The appeal
was from decision of the commissioner Of
patents rendered in a matter OF interior
ence between the application Of Robert b.
'Dashiell and the patent issued to vernon
T.. Tasker, the subject matter being inter-
fering claims in an Improvement in breech-
loading ordnance. -
Thomas NJ Gallagher, appellant, against
George S. Hastings, decision affirmed,
opinion by Mr.. Justice Shepard. The ap-
peal was from an opinion of the commits
s1oHer of patents in an interference case
involving the invention Of a body bolster
for railway cars.
Police Court Reversed.
Albert E. Bethel, appellant, against the
District of Columbia, judgment Of Police
Court reversed and cause remanded for judg-
ment in accordance with the opinion of the
Court Of Appeals; opinion by Mr.. Chief JUS
tice Alvey. In. the Police Court it was
charged that Bethel engaged in the bust
ness of brewers agent, without first hav
Ing obtained a license so to do. Upon the
refusal of the Police Court to rule that the
defendant was not guilty. an exception was
taken and writ of error obtained to have
the ruling reviewed by the Court of APP
peals The issue was the construction of
that portion of the District appropriation
act of July 1 last that relates to licenses in
the District of Columbia. The Court Of
Appeals holds that the provision of the act
under which the prosecution of Bethel
was founded does not apply to his case.
Damage Suit Decided
The American Security and Trust Com
pany, executor Of John w. Thompson, de-
ceased, appellant, against Evan Lyons, az
frmed Judgment of the lower court APP
pealed from. Opinion by Mr. Justice Nor
ris. 1t is stated that during certain grad
ing by the late Mr.. Thompson rains fell,
which took up the loose earth in solution
and carried it down into Rock creek, where
1t was deposited In large quantity upon
sand beds owned By Mr.. Lyons, with the
result that the. and beds were greatly in
jured and their usefulness to Mr.. Lyons
almost destroyed. A damage suit was filed,
and the jury returned verdict In favor Of
the plaintiff. 2 The defendant appealed.
Allen w. Mallery & Co.. appellants,
against James Fl. Frye. Judgment of the
lower court affirmed Opinion by Mr. JUS
tice Shepard. The action was begun by
Frye to recover damages against Mallery
and others for loss sustained through their
alleged negligence in the performance of an
undertaking to procure a'policy Of fire in
surance upon a house Of the plaintiff that
was subsequently burned
Landlord and Tenant.
Henry Randall Webb, executor and dev-
isee of Marianne A. B. Kennedy, deceased,
appellant, against Caroline King, Meyer Co
hen, Sigmund Kann and Louis Kann and
Maria G. Dewey. landlord and tenant pro-
ceeding, order affirmed and cause remand
ed for further proceedings according to law;
opinion by Mr. Justice Morris
The District of Columbia, appellant,
against Anne E. Wy. Frazer: Judgment Of
the lower court affirmed opinion by Mr..
Justice Shepard. The appeal was from a
judgment rendered against the District of
Columbia in favor of Anne E.. w. Frazer
in an action for damages on account of a
fall received through the defective condi-
ton of q sidewalk.
William 4. Staubley, appellant against
the Potomac Electric Power Company:
judgment aversed with costs, and cause re-
mandedw with directions to set aside the
verdict and TO award new trial; opinion
by Mr.. Justice Morris. The action was in
stituted against the power company to re-
d.a for paISQnal iniliriass