Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1905-02-09
Circuit Court
Proceedings


o clock court sat agreeable to add
journment on yesterday. Present
Judge NJ. III. Willis. The orders
and proceedings of yesterday
We're read, approved and signed.
The Court called attention of the
attorneys present to the adoption
of the new bar rules and asked
a substantial compliance with the
though they were not man
datory, merely directory, with a
view of establishing a uniform
system throughout the State.
The Court handed down an order
in the case of Jos. Spiedel Gro
Gerry company VS.. NJ. f. Stark &
ct al, filing the report
of G.. O. Cutler, receiver in this
cause, and the answer of Ed APP
pei, one of the defendants. X. G.
Moore, administrator, etc, VS..
Eva f. Keller ct al. An order
was entered filing the answer of
Frank Mccoy, trustee, ct al. some
of the defendants to the bill Of
complaint in open court. The mo-
ton of F.. Z. 1hrig VS.. G. F.
Thompson and f. j. McJunkin, to
correct and reverse as to her, a
Judgment rendered in favor OF
the said G. F. Thompson and E. j.
McJunkin against A. j. Yoke,
Amos Steelsmith, Penn Oil COM
pany, NJ. E. Hagan and F. E. HI
rig was sustained by the Court.
This case was brought by G. F.
Thompson and E. j. McJunkin
a gainst A. J. Yoke, Amos Steel.
smith, Penn Oil company, M. E.
Hagan and F. E. Ihrig for the col
lection of an account to the
amount Of $715.97. An office judg-
ment was taken against the de-
PENDANTS at rules, but at the fol-
lowing term of court on motion
and affidavit of the defendants
except F. E. Ihrig, the office judg-
ment was set aside and issue was
Joined, and tried before jury,
that found for the plaintiffs
against the defendants for the
sum of $715.S7, and a joint judg-
ment was entered against all the
defendants on the 24th day OF
April. 1903. 1t appears from the
record that F. f. Ihrig made de-
fault and failed to plead. That
there was no execution OF the
writ of enquiry as to F. E. lhrlg.
The Court was of the opinion that
there could be no final Judgment
against F. f. Ihrig by default or
otherwise in the absence OF a
writ of enquiry in any action at
aw in the Circuit court when the
value in controversy exceeds
500, where the action is for dam
ages, or when the sum which the
plaintiffs are entitled to recover is
not definitely ascertalnable from
the contract sued on. The ques-
ton for the plaintiffs is now to
find some law whereby they can
secure a Judgment against F. E.
[hrig. Walter Pendleton of Spen-
GER, represents F. f. 1hrig, and
NJ. d. Hanes of Sistersville, ap-
pears for plaintiffs.
The chancery cause Of A. Bru-
ner and James McCoach VS.. K. w.
Miller was decided by the Court
in favor of the plaintiffs. The
Court holding that the allegations
of fraud charged in the complain
ants bill was true, and that the
defendant, R. w. Miller, sold to
the plaintiffs the leasehold de-
scribed in the papers in the cause
which was dated February Il,
1900, by contract dated February
IA, 1900, which leasehold pur-
ports to cover a certain tract OF
land leased to said R. w. Miller
by one Nelson Myres, which Is sit
uated in Wetzel county, and that
said r. W. Miller obtained $500
consideration for said lease from
the said plaintiffs upon false and
l.