Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1905-11-30
LEGAL NEWS.
NEW SUITS.

H c. LitZinger and Mary LitZinge
VS. Edward O'Donnell, bill in equit,
asking that the defendant be restrained
from operating bowling alley on 10
adjoining the LitZinger residence il
Millerstown, which the plaintiffs CLAIM
is kept open day and night, making {
great deal of noise, and working espec
ial injury to Mrs. Litzinger, who is Al
invalid. Litzingers state they Offered
ODonnell S100If he would not locat'
the bowling alley where he did.
temporary injunction was granted and
final hearing fixed for Dec ?.
Mrs Katherine Pfeifer vs. B. & o. R
R. Co, bond in $500 filed by defendan
company to indemnify the plaintiff fol
land taken in Evans City.
Mrs. Ellen Elliott VS. B. G. o. r. R
Co, bond in $500 filed by the railroad
company to indemnify Mrs. Elliott for
land taken in Fairview twp.
VIM. L. Bells VS. Southern Oil Co.
assumpsit for $31S 81 Bells claims the
defendant company induced him tc
move from Parker twp. to the Camp,
bell farm in Fairview twp to pump for
them, and to repair brick house on
the Campbell farm at an expense OF
800. that after moving and making the
repairs they did not give him work, and
he lost four months time and the 500
repairs, which with interest from Dec.
1903 makes the amount claimed.
Anna Brown, by her father and next
friend, Michael Brown, VS. Edward
Lewis, assumpsit for $4,000 for breach
of promise to marry. She states Lewis
asked her on Aug %, 1905, to marry
him and has refused to keep his prom
ise. A criminal charge was also made
against Lewis.
D. A. Cruikshanks VS. l. J. Wilson,
assumpsit for 1886 81 and interest from
Dec. 80, 1904 The claim is for labor
done in Wilson's quarry in Winfield
twp. and for money and curb stone
furnished by Cruikshank. Judgment
for the plff. was rendered by Justice j.
NJ. Maxwell and Wilson appealed.
Anson Currie vs Bessemer r. r. Co.,
summons in trespass.
NOTES.
A charge of surety of the peace has
been entered against Wilson l.. Bowser
Bruin. TIC avoid arrest Bowser drove
from Bruin to Butler, Thursday night,
arriving before o'clock Friday morn
ing, after several mishaps.
Engineer Fynck and Conductor
Grant of a West Penn freight crew
were arrested last week on charge Of
a nuisance by blockading
the Kittanning st, crossing with a
freight train. The Cornelius Lumber
Co. is the complainant.
G.. W. Crow has entered mechanics
lien for $341 for brick work done on the
First National Bank Of Zelienople. G.
a. Knauff was the contractor
The Butler Land and Improvement
Go. has moved for new trial in the
case Of Detweiler and Wetherell vs
Eleanor Iron and Steel Co.
A new trial has been moved for in
the case of Wilkinson vs Evans Manu-
featuring Co.
The case of Mabel Jack of Middlesex
twp. VS. Younkins and Thompson, own
srs, and Milliron and Bechtel. contrac-
tors, for damages for personal injuries
received by being crushed under false
front in the Younkins and Thompson
which was blown out last win
ter while Miss Jack was passing it, went
10 trial last Thursday. The plaintiff
moved for leave to amend her state
Dent, whereupon the defendants plead
surprise and the case was continued un-
Ill next term.
The case of the Farmers National
Bank VS. s. M. Sutton and Hannah SUIT
Ton to recover ON Judgment notes went
10 trial, Thursday. Mrs. Sutton disput
I'd payment. claiming she had signed
,he notes only as surety, which would
nvalidate them as to her. Evidence to
his effect was drawn from witness
'or the bank, and Mr. Marshall, attor
ley for the bank, then turned and said
20 an officer of the bank, 1--WE are done
'or, that beats us, or words to that ef-
'ect The remark was overheard by
Attorney Martin, representing Mrs.
sutton, and was used by him in his adj
iress to the jury. AS soon as he utter
I'd the words Mr.. Marshall objected
hat it was improper and asked the
Court to take the case away from the
iury The Court also thought the Ian
suage was improper in an address and
the case, and ordered that the
,ase be not put on the trial list again
until the costs incurred at that trial
we're paid by the defendant.
The case of Miss Matte Huffman,
laughter Of w. w. Huffman Of Jeffer-
ION Centre who sued the School Board
If the Independent District of jefferson
,wp. for three months wages, amount
,atr fa friG Erid
Huffman alleged that the directors in
terfered with her conduct of the school,
DESTROYED her discipline and control,
,ried to get rid OF her by failing to fur
1ish gas for the building. and finally
discharged her for alleged incompetent
" when three months of her term were
yet to teach. Nearly all the residents
and school children of the district were
OIL one side or the other.
and fully sixty people from Jefferson
Centre and vicinity were at the trial.
After hearing the evidence the Court
instructed the jury that the plaintiff
could recover months wages and in
5erest, $4703. which were due her when
discharged, but could not recover for
the two months untaught, an School
Boards have discretionary powers and
can act on their own Judgment as to
hiring and employing. and are their
own judges as TO competency. The
costs have to be paid by the district.
The plaintiff has applied for new
trial.
The will Of Mrs Lydia Myers OF Pros
pect has been probated, the whole es
tate going to her daughter, Mrs. Anna
The will of Richard Fisher of Penn
twp. has been probated.
The case Of Bull ct al VS. the Il. 81 o.
Il. II. Co. was continued, and the jury
for the last term Of court
was discharged Saturday morning.
Samuel Landos, who bailed S. Sham
berger had Isaac Addison, Shambergers
arrested on charge OF con
spiracy. Landos says Addison induced
him to become bondsman for Sham
berger. and that Shamberger jumped
Jumped his bail He alleges Addison
knew Shamberger did not mean To APP
pear in court for trial, and that he as
sisted him to get away.
At st. Louis, last Saturday, u. S.
Senator Burton of Kansas was found
guilty on the six counts Of the indict-
ments against him. charging that the
Senator practiced before the Poetoffice
Department at Washington while u
United States Senator, 10 prevent the
issuance of fraud order against the
Rialto Grain and Securities Co of st.
Louis. The jury was out only two
hours
Letters of administration on the estate