Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-04
IN COURT OF APPEALS
A Considerable Number of
Opinions Handed Down.
JUSTICE DUELL'S WIT
TEXT OF HIS OPINION IN SPARKS
CASE
Two Railroad Gases of Interest and a
Number of Others of Minor
Importance.
JUSTICE DUELL'S WIT

Justice Duell Two appeals were before the
Court of Appeals. One was from an inter
locutory order granting Mrs. Sparks ali
mony pendente lite and also counsel fees.
The other was from like order requiring
Mr.. Sparks to pay her certain sum to
enable her to defend an appeal taken from
the former order. The original suit was for
maintenance, desertion being alleged.
Had the case been brought before us as
appeal from a final decree, says the
Court of Appeals. counsel could have not
been more dligent in the investiga ton of
the questions of law raised by the pleas.
and in the citation of law applicable
thereto. nor could they have been more
eloquent. witty and pathetic in the pre-
sentation of the alleged facts set forth in
the pleadfngs. and the somewhat lurid ex-
hibits and affidavits. Were 1t allowable for
us to eXpress an opinion on the subject we
could truly say that the clients, at least. got
the worth of their money, whatever might
be said of the mutual friends But the case
come before upon simple interlocutory
questions. involving no great constitutional
principles. nor requiring us to very closely
examine the decisions of the courts OF last
resort in all the states of the Union. The
court was interested. instructed ana
charmed yet withal grieved at the position
painted of domestic infelicity. the heartless-.
ness of man and the forgiving spirit shown
by woman.
In Beaten Paths.
1--WE must, however. keep in the beaten
paths and resist the temptation to pass
upon the allegations of cold acts of indif-
ference, the position to be assigned to the
perfect gentleman about the family or to
locate the roof under which the forgivng
ones were to be sheltered The merits of
the case are not now to be passed upon,
much less the questions raised by the plea,
which is only before one of the plead
ings read upon the motion. and as plead
ing.
Boogher VS.. Roach.
William F. Boogher appellant. against
Thomas W. Roach and John II. Walter.
surviving trustee of heirs of Abraham
Young: judgment appealed from affirmed.
with costs; opinion by Mr.. Justice Morris.
This was a suit at common law instituted
by the appellant as plaintiff to recover
cOmpenSa ton for special services. al
legged to have been rendered by the plaintiff
to the defendants as genealogist. examiner
and conveyancer in connection with the eS-
tate of Abraham Young. Judgment was
entered for the defendants, from which the
plaintiff appealed. The Court of Appeals,
In affirming the judgment. holds that there
was error in the rulings OF the trial
court.
Charles S. Landram and John A. Brood
ders. executors of Constance X. Nertner.
deceased; Lille X Vertner and Elijah 5.
la X Jordan: decree affirmed. with costs;
opinion by Mr. Chief Justice Shepard. The
appeal was from a decree sustaining bill
of review filed by Gabrielle X Jordan
against Elijah s. Drake and Leroy NJ. TaY
lor trustees under the will of Thomas
Kearney deceased: Constance X. Vertner
and Lille X. Vertner Edmund X. Vertner
and Thomas X. Vertner, to review a decree
bill filed by Elijah S. Drake. trustee.
against Leroy NJ. Taylor. Constance X.
Lille K, Edmund X. and Thomas X. Vert
ner and Gabrielle X. Jordan.
Gaddes Decision Sustained.
Madison Whipple. appellant. against
Eugene E. Gaddes. to the use of William I.
Campbell. appellee: judgment affirmed, with
costs; opinion by Mr. Justice Duell. The
appeal was taken from a judgment in favor
of the plaintiff-appellee. entered upon YER
dict found by jury upon the direction of
the court. The original suit was filed by
the plaintiff in the court of a justice of the
peace. to recover $3.50. a balance alleged to
be due him upon the sale and purchase of
certain real estate.
Georgetown and Tennallytown Railway
Company of the District of Columbia, APP
pellant. against Elizabeth B. Smith. admin
istratrix of the estate of Peter A. Smith,
appellee. judgment affirmed, with costs:
opinion by Mr. Justice Duen. The appeal
was from a judgment entered upon the YER
dict of a jury in favor of Mrs. Smith for
700. The suit brought to recover
$4,000 damages accruing by reason of the
alleged negligence of the defendant which
resulted In the death of the plaintiffs hus-
band. The latter was killed the night of
July l. 1901, by being caught between two
cars on BID street. opposit Prospect street.
The Court of Appeals, in concluding its
opinion says: I'VE have carefully consid
cred the entire charge of the court and have
come to the conclusion that it was Clni-
fai % -
good ground for its insistence that in its
instructions to the jury. or in it's refusa. TO
give additional instructions. any error was
committed
Cory VS.. Barker.
Michael Cory and Ruben F. Barker. APP
pellants. against Harry McDermott. deci-
sion of the acting commissioner of patents
affirmed opinion by Mr. Chief Justice Shop
ard. The appeal Was from a decision in an
interference proceeding involving saw-mill
set works.
Alfred C. Funk and Charles f NIickle
appellants, against William N. Whitley; de-
c:sion of the commissioner of patents af-
firmed; opinion by Mr.. Chief Justice Shei,-
ard. The case was an interference pro-
ceeding between opposing claimants of the
invention of improvement In clover
funcl:ers.
George c. Hazleton. appellant. against
Francis Miller: decree affirmed with costs.
opinion by Mr.. Chief Justice Shepard. The
appeal was from a decree dismissing bill
for specific performance upon a demurrer
thereto.
Charles White. appellant. against the
Postal Telegraphic-C Gable Company, ap-
pellee: judgment affirmed with costs; opin-
ion by Mr.. Justice Duell. The appeal was
from Judgment in favor of the defendant
appellee entered upon a verdict of the Jury
found by direction of the court. The ac-
ton was brought originally in a justice of
the peace court.
Agnes Z. Marfield appellant. against Rob-
ert Fl. McCurdy, decree affirmed. with costs,
opinion by Mr.. Justice Morris. The appeal
was from q decree of the District Supreme
Court In a case filed to secure account
ing in connection with the estate OF Robert
McMurdy who died March II. 1903.
d. v. Brown. appellant, against Carl Pc
tersen; Judgment affirmed. with costs: opln-
ion by Mr.. Justice Morris. The appeal was
from a judgment in a suit which originated
before justice OF the peace. and, the Court
OF Appeals says. lit Is a pertinent illustra-
ton OF the inexpediency of the law which
allows such appeais
Railroad Loses Appeal.
Allan l.. McDermott. receiver of the City
and Suburban Railway of Washington. ap-
pelant. against Charles E. Severe. by his