Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-07-12

Tie Court has refused to set aside the
report of viewers in the case of Ellen
Elliott VS. the B. & o. r. R. Co. for
taking land and destroying road in
Fairview twp The viewers awarded
Mrs. Elliott $500.
The superior court, in the case of r.
l.. DeHayen who was denied whole
sale liquor license at the February
special term, made decision affirming
the decision of the lower court and the
matter will be dropped.
In the case of Annie J. Wilkes VS. B.
r. & p r. r, Co., Judge Galbreath
rendered decision refusing the de-
fendant company's motion for new
trial and for Judgment non obstante
vedicto Mrs. Wilkes recovered
verdict of $4,000 for the death of her
husband, engineer Wilkes, in the Nc
Calmont wreck, March II, 1905. She
claimed he was passenger at the time
and the defense was that he was in the
actual employe of the road at the time,
In the contest over the will and estate
of Geo. W. Painter, decd of Buffalo
twp, Judge Galbreath dismissed the
exceptions of Thomas, o. II. and Milton
Painter and others, brothers and sisters
of Geo. W. Painter, to his decision
against them in equity proceedings
against DR. j. L. NJ. Halstead, Miss M
L. Buckley and others. The Court
rules that Geo. W. Painters will con-
verted his real estate into personel
property and that his brothers and
sisters have no interest in it, the prop
erty going to the legal heirs of Painters
two deceased daughters and wife who
were his devisees.
In the case of Thomas Wilkinson and
wife VS. the Evans Manufacturing Co.,
| in which a verdict of $4,000 was
rendered in favor of the plffs. for the
death of their son, Joseph Wilkinson,
| in the machine shop of the deft. com
pany, a decision was made refusing
! Judgment III favor of the deft regard
less of the verdict. On the defts. motion
| for new trial by reason of an excessive
verdict the court stated that the young
man killed was over twenty-one years
of age and could have terminated his
support to his parents at any time. that
the parents were both well advanced in
years and that under the most favorable
circumstances the support of the son
could not continue for more than ten
years The evidence was that he had
been sending his parents two or three
dollars every week The court there
fore reduced the verdict from $4,000 to
$3.50. and unless the plffs. file an ac-
ceptance of this verdict within 30 days
a new trial is to be awarded.
In the case of August Haller, eft al VS.
| VIM. Greisser Construction Co. and the
Butler Brewing Co. sci fa on me-
chanics lien filed to recover for building
eleven brew vats the Court refused the
the plffs. motion for new trial The
verdict in the case was for the deft. on
technicality.
In the cases of Mains and Mcdowell
against p f. McCool deft's. motions for
new trials were refused.
In the estate of Priscilla Kirkpatrick,
decd. a citation was awarded on e. H.
Randolph, the executor, of Armstrong
Co, to show cause why he should not
pay legacies as follows: Phoebe Ed
mundson, $156, Carrie Stadfeldt SIS,
and Zilla Edmundson Burkhart 1856.
and also pay costs imposed upon him by
the auditor of the estate.
In the estate of Elizabeth A II.
Geshwind, decd. of Butler, a citation
was awarded on E. E, Young, executor
of her will, to show cause why he
should not file an account give bond
for security of funds in his possession,
/ and be removed from his trust.
Rosa Virag has been held for court
ON IL charge of perjury made against
her before Ormsby G. Mechling, J. p.
She is alleged to haye sworn falsely
against Elias and George Josef and
Anton Mosi. whom she had convicted OF
aoeb before Justice Maxwell.
Eli Boyer has been appointed tax col
lector of Harmony.
The will of the late Mrs. Nellie V.
Kiester of Prospect was admitted to
probate with Rachel A I-och as ex-
ecutrix, after hearing before Register
Wilson on a caveat filed against it by
her husband, o. +. Kiester. According
to the will the husband receives $500
and the household goods, West Liberty
Lutheran church, $780, Rev. A. w
Bartholomew, $25; ReY, S. L. Wilson,
$25; Ethel G. Hockenberry, $500; Burton
Koch, interest in coal lands in Brady
. twp; Rachel A. Koch mother, $780, foI
funeral and tombstone, $500
Enos Mcdonald, surveyor, VIM Scott
A. w. Shannon have been appointed