Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-05-10
LEGAL NEWS.
NEW SUITS.

LIZA ~ II w De
NEW SUITS.
The Railway Age, a corporation of
the State of Illinois, VS. Peter Z. Nc
Cool. Geo. 4. Reese ct al, trading as
the Butler Foundry and Machine Co,
assumpsit for $i00 for 400 inches of ad-
yertising.
Charles w. Shaffer VS. Joseph D..
Fleming, trespass for 5000 damages for
libel. The parties were engaged in the
meat business at 107 E. jefferson street,
and Shaffer alleges that Fleming had
printed and c9used to be circulated a
notice stating that there was no part
nership between them and that anyone
representing that there was such part
nership or representing himself as a
partner Of Fleming did so fraudulent
ly a capias was Issued and $500 bail
required of Fleming. Shaffer also hled
bill in equity stating that on March
18th last lie and Fleming entered into
partnership by verbal agreement Shat
fer and Joseph Franklin having been
partners before and Fleming purchas-
ing the interest of Franklin. By the
terms of their agreement all stock, hx-
lures and other property was to be held
by Fleming until Shaffer had paid him
$175. Shaffer is practical butcher and
was to be allowed wages OF $40 per
week, part Of which was to be deduct
ed each week to pay on the $ll5. Shaf-
fer then states that on April 30 Fleming
had notice published in daily paper
denying the partnership and notifying
the public to pay no accounts TO anyone
but himself; that On the same day when
Shaffer tried to enter the chop he was
assaulted and thrown out by Robert
Ray, whom he alleges Fleming had en-
ployed for the sole purpose Of keeping
him off the place. Shaffer then asks
that the partnership be dissolved: that
Fleming be restrained from wasting or
disposing of the property, and that a re
ceiver be appointed to settle up the ar
fairs and make distribution.
Shaffer has had Fleming arrested ON
a charge Of fraudulently converting
partnership property, and Robert Kay
arrested on charge of a&b. When
the bill in equity was presented III
Court, Fleming, the defendant, was
made receiver of the partnership, and
placed under bond in $500.
Mary E. Oesterling vs. Frank T. Oes-
terling, libel in divorce, for cruelty.
The parties were married in 1902.
A. V. Johnston VS. Ida Johnston, libel
in divorce, lunacy alleged.
Margaret Simpson vs. VIM. Simpson,
petition for divorce. for cruelty.
NOTES.
James Shankwater, a resident Of Ma
honingtown, is under arrest charged
with having given false information to
a newspaper He is being prosecuted
on complaint of j. s. Simpson OF Low
ellyille, who claims that Shankwater
made false statement to reporter
and that the young man published the
same to the resultant embarrassment
and humiliation of Mrs. Simpson. The
story alleged she had been rendered in
sane by grief over the death of her pet
cat.
The Union Light and Heat Co. has
filed leases on several hundred acres In
Slipperyrock and Cherry twps.
In the cases of John and Henry Berg
vs the w. A. r. r. Co. the viewers
have awarded $3.50 for II acre taken
from one farm, and $4,000 for 10 acres
taken from another The lands are in
the Muddycreek valley.
In the case of D. Lambert VS. w. J.
Burke, the plaintiffs motion to have
non-suit stricken off was refused.
In the case of Miss Matte Hoffman
vs Jefferson Twp Independent School
District, motion for new trial was re-
fused.
In the case of Bursaer ys National
Liquid Gas Co. of Zelienople, the de.
PENDANTS demurrer was sustained and
the plaintiffs bill TO compel an account
ing Of the company's affairs was dis
missed.
In the case Of the County Treasurer
ys J. NJ Maxwell, to compel payment
of back taxes, in which a verdict had
yeen rendered for the plaintiff, the de-
fendant's notion for judgment por-,b-
stanto verdicto was refused. Excep-
tions were taken.
In the case of Pittsburg Pump Co. VS.
Craig Kennedy Hardware Co, a new
trial was refused
In the case Of Hamilton Bros. vs. W.
g. Wick, equity to prevent closing OF an
alley running from Monroe St along
the north of Wick's lot to the Hamilton
Bottleworks. Judge Galbreath on
Monday filed an opinion enjoining WICK
from enclosing the alley, which mad
been covenanted by Charles Duffy in
deed made to Keck and Troutman.
trustees for gas company, in 1882.
In the case Of Thomas Painter vs.
Peter Painter and others, heirs of Geo,
W. Painter, decd brought to compel
partition of two farms of 1872 acres and
so acres in Buffalo twp, Judge Gal
breath filed an opinion ruling that by
the terms of the decedent's will he con-
verted his real estate into personally,
and that the share Of Minnie Painter,
his daughter, vested in her mother, the
wife of the decedent, and at Mrs Pain
ter's death this share vested in Mrs.
Painters brother and sister NJ. l.. and
III. l.. Buckley. The opinion further
holds that the share of Helen NJ. Pain
ter. intermarried with DIR. Fl. L. NJ
Halstead, vested in DR. Halstead abso-
lutely ON her death without issue.
Brothers and sisters Of Mr.. Painter
claimed the estate as his heirs law
and were the plaintiffs.
w. OdulSOu, bODibhAi anu
Samuel Christley were appointed view
ers on petition Of citizers Of Marion
twp. for new bridge over SlippeIyrock
creek on the Kerr and Black public
! road.
On petition OF James Z. Kelly. a cita-
| ton was granted on Mrs Eddie 9. Kel-
| ly, executrix of Abner Kelly,
decd, Of Parker twp. to appear in
Court and pay over to him a legacy of
5000 and the proceeds of the sale Of a
gray marc and saddle left him by the
decedent
Gibson H. Leisingring plead guilty
to charge of selling liquor without Ii.
| cense and was sentenced to jail for three
months and to pay fine of $500 and
costs.
James Ross, the Annandale Italian
who is said to have been wanted by the
| officers for six years past for Illegal IL
| quor selling, on Monday plead guilty tc
d charge of selling without license ant
was sentenced to pay the costs, fine Of
! $500 and to undergo Jail imprisonment
| for six months.
Gertrude z. Kellerman has been ap
pointed guardian Of VIM. Il. Kelly
minor son of VIM. X. Kelly, decd
A charge Of agg aGb has been made
4 aOainat Jafnaa M Moore nv WIN Ola