The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-26
WAKE CIVIL COURT
Frederick Moore, Young
est Judge in the State,
Presiding.

The April term of Wake county civil
court, a three weeks term, convened
yesterday, Hon. Frederick Moore.
judge, of Asheville, presiding. Judge
Moore is the youngest Superior court
Judge in the State.
Very few cases were disposed of, and
several were continued. one of the
most important cases on the docket
was that of Mary a. Stewart, admin
istratrix of S. r. Stewart. against the
+. and A. A. l.. r. r. Company. ct al
This case was determined adversely
and upon appeal to the Supreme court
that tribunal decided that the lower
court erred in passing upon matter
that should have been left to the de-
cision of the jury, and granted new
trial The husband of the plaintiff
was killed in an accident on the Sea-
board Air Line over year ago. the
case was continued for the defendant.
The case of Robert Collins, infant,
by his next friend, Mr.. James Collins,
his father against DR. II. NJ. Jordan
and DR.. A. O. Jones, for injury to the
infant boys arm by an operation, was
continued.
In the case of Ellen Gill, colored,
administrators of Nat Gill, who was
killed by falling from an exit at the
Auditorium Company and S. Fl. Schloss
and Sherwood Upchurch, the defend
ants were allowed thirty days after
this term to answer.
The plaintiffs by their attorney, John
M. Wilson, of Greensboro, in the case
of Polly r. Kesler ct al against Sarah
M. Forsythe ct al, moved for judg-
ment, first for that the answer was not
filed within the time allowed by law,
and, second, for the defendants have
not given the undertaking required by
law in such cases. Judge A. w. Ora
ham, of Oxford. and Mr.. DeVin, of
oxford, appear for the defendants.
The case of Leo. ID. Heart, admin
istrator d. b. n. of Henry Pool, against
David Pool ct al, was continued for
the plaintiff as upon affidavit. The de-
PENDANT was allowed thirty days after
this term of court to file an amended
answer.
w. H. Rogers and wife, Katie W.,
against Charles b. Ray, was set for
Saturday.
w. II. Caudle ct al against Mollie
Morris and her husband ct al was
continued by consent.
John r. Terrell against James Fl.
Mitchell & Co, was set for trial next
Saturday.
Ella Ann Price by her next friend,
against Alonzo Prince ct al, was con-
tinued by consent, the plaintiffs being
allowed thirty days to amend their
complaint or file an amended COM
plant and the defendants were al
lowed thirtv days thereafter to file an
answer.
Wiley T. Glenn against Neuse River
Mills was compromised and settled.
The judgment was against the defend
ant for costs.
r. p. Spencer and wife against the
Seaboard Air Line Railway ct al was
ordered by consent to be placed on
the motion docket.
r. II. High against Eddie Gill was
changed to Monday of next week.
H. b. Emory against Edney c. Man
gum, executriX of Eliza j. Mangum,
was continued for plaintiffs upon affi-
davit filed.
G.. d. Sanderford against W. y.
Johnson, was continued, and the de-
PENDANT was allowed sixty days after
this term to amend his answer, and
the plaintiff sixty days thereafter to
file his amended complaint.
In the case of Samuel Rogers
against Rufus Thompson, the plain
tiff took non-suit, and the Judgment
is to be drawn.
In the case of James Adams against
NJ. "A. Griffin, the plaintiff failed to
appear. and non-suit was ordered.