It was a question of whether the bonds had ever come into Dr. Moraweck's hands or not ...
The motion to set aside the verdict of the jury requiring Dr. Ernest Moraweck to account to the estate of Julius Martineck for $5,000 in Louisville and Nashville railroad bonds said to have come into his possession as executor of the estate was denied by Judge Miller yesterday.
Dr. Moraweck as executor had sued to settle his accounts when the counterclaim for the bonds on behalf of Alvina Martineck, the decedent's young daughter, was set up.
It was a question of whether the bonds had ever come into Dr. Moraweck's hands or not which raised such a serious issue of fact that the matter was transferred to Judge Gordon's court to be determined by a jury. The jury, ten members signing, held that the bonds had fallen into Dr. Moraweck's hands, which, should this view stand, would require him to account to the estate for them or their value. Judge Miller said that while the verdict of the jury was not binding upon him it was ''quite persuasive,'' and upon a consideration of the whole record he declined to disturb the finding.
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