, 1870-07-19
THE LAW COURTS.
The Fight Between Bulpin and 0dell
for the Wilmington Mayoralty.
Ncnl Estate RedernptIon-No-
ftce of CouTt-New SuttB,


THR 3u.XIHGTuE xAToRALTr.
Inomas bufrin '. william L. Oiell md the
ctt5 Council Of Wilmington. Dill with inIunc-
slon) to restrain Odell IRON pretending to act Is
Mayor Of Wilmington, and to prevenA the coun-
Gu from recognizing him hs such. This case
comes up on motion TO dissolve the Injunction
granted BY the Will County Circuit Court, the
cauSc having come thence BY change Of venue.
Bu1ptn claimed to have been duly elected Mayor,
and set up thas clatm at the election; the !nspec-
tors OF the election publicly declare that he was
elected over odell, bis competitor By two votcA-
casoued by the resignation Of one John D. Hen
demon. Bulpin qualified. but under the charter
O. ea,. a s =, tss Tsen contest Dn
The Council met, and the record shows that 1T.
Rulpin appeared and took forrtbIc possession Of
the chair, and claimed that he ~as Major, and
any member Of tho Council acting as Chairman"
temporary Chairman Naa, nevertheless, elected,
Wien ,ne n Council p,oesedsd to hear md decide
Iu1pln were then thrown out. a. having been
illegally deposite,! and then the Council dee.de,l
iis lid qaai.tS. au,. The hiN Ton. .ed
~ the bll bGipu claimed that he was legally
elected and Tint, under bis election, he entered
quenl@y special meeting Of the Council was
proceedings aaa result of which. meet,ng
denial Of the truth OF the record as
made up by the clerk, 1t being stated tnat be,
lsulpln, took foreols Possession .! the chalg. II
II also AreiTed thar no notice WIS given complain
ant Of ans intention to coaIest his election; that
The whole proceeding was illegal ana vott.
ebanee % oi Venue. aIl.as a tsat lie Jss Of II tns
VIII Circuit vas pteiudlsea against hlzs- The
change was gralted. Then defendants made
answer. alleging that " the charter, Jurisdiction
-tFen to the Council, which had acted to the e1-
rluhion Of complainant from the ONCE Of Mayor.
Id uereF been recognized as holding the once OF
Mayor, hui that Oacl! had neteA issuing licenses,
etc. Dy The answcr it WIS also alleged tnat proper
nettce Of contest had be*n Served upon Bul1ln.
Notice was now given OF motion TO dissolve
The Injunction which hsd been issued, and upon
ihis motion the cssc came up yesterday before
| Judge WllamA. 1t did not need II enter into the
iner1ts Of the contf3TersF, for the Court decided
in favor Of the motion; first, because complainant,
hss bis temed5 at lay, Of qae sea,ranto. and sc;
| TO the Jurisdiction OF the council OF Wilmington
which ls,dy had passed upon tae question Of ha
.lecteti, ali fraud as 10 the notion Of tue Common
| RIAL EsTATx RkpKXPr1os.
F1att A. Smith v. Giles Scott ct ais THIS Ia
proceeding under 1ne chancery code, by which
person seeks 10 redeem from sale under foreclos
ntt, properly, quarter OF block IN sIn!th's sab
lvisfon Of soath east quarter Of section a, 50, u
I located on kanEAkce avcuuc. The defendant u
The foreclosure suit was a nonresident, COZ
,t{ncttve!! served With process and the statnt
l
| &c may come tn within three Jears. pay costs, an
answer. There Is IN answer NOW 1led and . cros
III sns for 1 ak s To-
| j<utien xnd answer the complslnants bill, hu
!herr,pon such proceedings shall be had as
| the defendant han appeared In due reason and q
decree had been maiie. There vas demurrer Il
terroscd to the bill, as also 10 the cross bill
The Court orrnulctl both demu.1ers. holdin
/ that, az the Supreme Court has decided that tn
ia.ty has his I'VE Sears beyond the three yea
gwen by the statute, 10 which to carry his case
~ wHtet essos OF to 1!s his bill Of rsEsew,
would be unjust to allow him tn come In aud plea
| every defence which he could when suit r.
brought thus do, because tie statute says the ca.
hall proceed to nnal hear7ng. The Court uads
upon its mefsta In this case It WAS col
.. ,ended shAt advantage could he taken, !
, | demurrer Of error in the BILL The Cou
, Epon It's merits. upon the final hearing when pro
I sAall be taken. and then even amendments " 4
nlii nigh. bc aslpwe.i Tne who!s reNet m nndss 81
/ There certainly could not now Ee decision OF t
: cause upon demurrer. hecanse Il Judgment we
n thus to 20 then the statute would not bc co1ppl
. Wild. fo1 the statute expressly provides for at
c / htnltDG-
The Court fssue the folow!ng notice to me-
.Iefs OF the bar: F" No utiEatea business OF
sind VIII s,e taken up at this term Defaults m
.c laken On "Wednesday, and the applications
), ! sessments} will be heart on Monday next. No
tentton NEED be patd By attorne{s to any notices
" any time during this terni-"
Samuel M.ets. ct al, ~ Hollis 4. Dow, ct
y cd against Dow for $,.1lo.so. tits sought to l
"a low an equitable interest alleged to be IN Dow
reality being an undivided hall oi Lot 2, 10 +
D. he has no1sgaeed the property for the purpose
covering Il 1pt Discovery Is asked also as 70 OF
real property, which 1t Is ayerze'i he Owls or has
NE1warr. Dorla :. E1ttsh Smith. ct ais, Dll