Common Pleas
Refore n full Bench
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JAN. 25.-DEcIsroNs John f. Rodmon and Others w.
Wiliam 8. johnston This was a motion by the defen
dan to set aside the reierees report plaintiff favor Of
$O9 ~ due tor repairs done steam engines and boiler
the ground that there newly discovered testimony
but it quite evident that the discovered proof Is
merely accumuatve and that the defendant did avail
himself Of opportunity of examining the witnesses
this reference II such excuses the defendant offers
held to be sufficient, there would be end to iti
CATION secondly, the ground that the plaintiffs had
account with defendant that they strangers to each
other and that the work done for Goode that plain


s had notice that the work not fer defendant. The
of opinion that the defendant proved to
have been so connected with the transaction that under
the evidence he responsible Upon the whole if the
present in which other referees might have deci
ded differently from those who heard 1t, II different
conclusions might be found from the testimony, does
follow that the report ought to be disturbed The
erees have not violated any rules of law disregarded
the weight of the evidence and that their report ought to
be confirmed with costs,


Charles r. Thorne Thomas d. Bckford and John
Hubbard action of replevin The value Of
property replevlned fixed by the counsel Of the
respective parties at $24o verdict given in favor Of
the plaintiff damages, the property valued above,
subject to the opinion OF the Court to be made,
In any view that be taken in this case the land
lords right to distress perfect and the verdict under
the stipulation must be changed to verdict for defend
assessing the due $25 and the value of the
property distrained S949 Plaintiff may file bill Of
pons if advised New trial ordered to abide
the event.