Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1827-06-05

DELAWARE ,EOTRNAI.
VIII. . N n <Sa.sGNs
Tuesday, June 3, 1S21.

Ne are authorised to slate, thai has been pre-
led for the consideration o,he Governor, requiring the
Ponmen of An additional Judge, in one ofhe Courts OF
State; in consequence Of which the Governor, with
advice Of the Attorney General, the proper law officer
the State, has determined to make the appointment
e following cupy Of the memorial which was addres-
10 the Cove on this subject.
,"Dovrn, Il May, 1897.
1e his Erceenc, CHARLES poLK, Governor Of the Sa'
Dea,pure The Petition Of William Wnder Morris OF
town of Dover Kent County, and State OF Deaware
speculiy she we,h--That your Petitioner niermarried
h certain Mary Ridgely. daughter of Charles Rldsely
d Ann his wife both deceased That your Pctitini.
and said Mary, his wife, instituted suit by filing b,
the Court of Common Pleas OF this Stale, m and Tor
emf County, the Equity side OF said Court, against
choias R,ey surviving executor OF Charles Hdse,y'
I'D Henry NJ Rldgely executor of Ann Ruigely, vino
W co executor OF the said Charles Rdgey, as defendants
said suit That sand bill filed for the purpose OF OBJ
lining from said deiendans,an account of the estate OF te
pid Charlie, Ridgey, aud the SAID Ann his vile, which
me The hands of the said defendants executors as
oresal, and aIso payment your Petitioners and his
e Of the part and share of said estate that Is due and
oming them, in right of the SAID Mary his wife, US Que
the heirs of her said Father and mother That said suit
las been pending in the said Court of Common Pleas ever
ncc the year 1875 and s,ill pending and undecided
nd your Petitioner further shewelh, that III the progress
his said suit in the Court Of Common Pleas, sad Court
n the Doth December 1924, made nerucntory oFder
pr decree, point or matter arising in said csise,
which order decree made against your Petitioner
oner in order obtain what he deems, and by his Coun-
c advised, Justice and equity in the PREMISES mas been
ndc the necessity of taking appeal from said order or
the High Court OF Errors and Appeals mat ms
said Apneal was taken and entered in said Court OF rios
and Appeals, the June Term 1925 OF said Conr and
been prndng in said Court Appeals ever since; ana
until SAID Appeal be heard and decided, the SAID
cause be fully and finally determined And your
Petitioner further seweh, that said appeal Cannot be ed
by sail Court OF Appeals for the want OF sufficient mum
her Of Judges to form Quorum of said Court, to witt rho
number four; all the Judges Of the State, except INC
hce Judges of the Supreme Court, disqualified 10 81
on said appeal, to Wit the Judges OF the Court OF Common
Pleas, by of their having already passed Jndmeh
in said cause, in the Court below and the said Nicholas
Adgely, the Chancellor of the Sate by being party t
said That unless another Judge be appointed tn
said be tried and ded for want of Cour
OF Appeals and your Petitioner will thereby be expose
great injustice and injury. Theretore, in considerable
Of the premises, and nasmuch as like causes may frequent
R arse ( arise whenever the Chancellor Is part
the caue) in which other parties and suors may be II
ured by the want of due administration of justice you
Petitioner prays Excelency to increase the udlcar
by adding another Judge totfe Bench
And your Petitioner will ever pray, &c.
WILLIAM w. MORRIS.
On the receipt of this we learn that lie Governor nnt
lately directed the Secretary of State to submit it to n
Attorney General and to request his opinion TO the OF
legation imposed onhim by the Constitution of the State
appoint another Judge provide for the case stated
the memorial. n.
The following letter has been addressed III reply to Il
Secretary Of State, the Attorney General and laid befo
fhe Governor.