Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1872-11-30


ton, Geo. w. Vernon, Henry LeDtz, VIM
Bracken, Henry IL. McMullin and William
II Pierce.
The civil List was then called ana the
cases tholeon, We're marked ior ttlal, con-
'nued, discontinued OF otlefWlse uisposeu
Of .
The first case lned was NO. ", Mhllah
Baxter as. Phillip Plnnkett' rms was
suit TO recover on three promissory hotes'
OF $40 each, gwen hy Wlll'ain msDe'lt.,
over the signature of tue iirm OF "MeDeYitt
n Co.. (of which flnnktlt was lnen Il
member) Tor the lnulNduhl ueot OF VIM
McDeyitt, winch existed before the part.
nership Yves formed. The Court charged
the jury in substance That one partner
cannot give note OF the iirm Tor ms lndl-
ydual debt lmiJre the partnership existed, !
and bind his coparlncr merely, (as be- |
tse.n the original pirles) without ms
eonse0t; not even II the money borrowed |
went into the llrln, ana was uied ny IT, IL
was debt oi McDeNtLf, bul u You are
satisfied il IVES gwen Tor dehl contracted
subsequently to the Formation Of The CO.
partnership Tie note was good. verdict
for the defendant. q Gordon, Esq Tor
plnintili John {. Patterson, ESQ" Tor
defendant
eamu"l NJ Harrington, ESQ III nehali
OF the committee oil examination appoln'ri
by the Cour', reported mat MI Johh I'm
Polk was duly qualified TO be admitted 10
practice law before this Court, who was
accordingly admitted 70 the mar by SUD
| seriblnB to the DATA oil ONCE ana paying tue
usual . i.es: ~, ,.,,,,,, 81 poni Ntoias
rs,, IN hshnir or Tho romn,i,lee Sppointed
he ihr Conrt. Mr. CLARENCE e. silver was
iiiewi.e admitted a practicing attorney
before this Court.
Cnsr No. Q was called for trial, IL being
william = Williams ny Gen. q. C,enyrr
This ,v,s a case to reroyer damages for
olicpe5 trcsnass. The allegations of the
ninintiN wer. in substance as follows;
| lrhnt tbe nlaintiT had in March. 1870
,a,,,sa n,der certnin conditions. n farm
| or ahont 9nl ncres In 81. Cieorp.s Hundred.
from GEORGE Clenyer. that he immediately
hegon IN nlnnt certain c,ops. and prepare
Nc ',rounJ for nlnntiu~. when sometime
in no fril ,Vinv Nav. Cleayer gave him
notice 10 leave. as he intended to farm il
himself me rlainiiN declined SO TO
Irnve. when shortly after Clenver appeared
nn thn rnrm with some eight or ten men
and agnin ordered him to leave; he did
noi comniV. when Cleavtr Immediately
toDi, cb.,r,,e IF The, land with the excep-
lion of thr tenant hous,). and flrmed It
during the Year. gNiheIlhS an 'ur C"is,
together WIN those grown from th' ECU
planted by Nilliains. Ohiy one N'.hees
facts when thr Court adjourned until 10
,icin,l. a m Tuesdnv
me-,
rto snrarior Court Court Of Over and
Termner and General Sessions OF the
Peace and Jail Delivery were opened ms
,',o, ''.H.
'e1 Tsa 80 az William q Williams as.
a.l. no ~ C,oa,,er ,vSirb was IN trial lnst
a,',,'i7,,, ,yos continued.
eN9i'ns, W. ,,ri',csi e,,i1enca cnnnla
~. ,I,nt ra,,or,eI v,s,erdav to show
N.Y. w. ~ s'' NJ thIs Farm nv ilenyer 10
+ W. s and liza snhseoaent forcitle
a ",,'i| ihe,rf.oin he defendant on The
sth ~ Ma inst, ofso ma affecting The
90" ~ w., a,,,.,,,,s claimed Lv rl,intifT
I,. ''uu " ~ ,I ,o,emnt tn rent and
nc urLils y. ,m, as sI.ares ~ no crons
WIZ i .ui'Jd' ~, Hs ,o,de,aJ os rent vcre
WIZ NJ" " ,I,at ,,,as ,be a,ponnt
III" ii,' III r.issJ an eai1 farm
{ ~ eAVI. ',,d Mo r.s,aet,ve market
r . l year "u' '"'''
Inc defence eonaenSeo sa5 ,bat IN ,Sa
40 snoM ~ 1eroS ,rss no tensncv hnt aim.
g ,l, ,n or,,nl.,,,ent an The mart Of Cleavel
ply H HEsyf,e, V , ~ he arm for tS,
{ 20 n'' H., a,,', t1,ir1 ~ tbe cro,.
f. ye1' "'" ,.,,,,,"rsa,io, thcr,ror. thdt
/ lnlseu ,, vs. ,,il ,vns 1"ua',v tIe Main
- , 10 hoi no, snoi"isutlv rrnycl nm exrlu
d .iyo nossrssion of he propelty. nor Al
=, eviction thereirom.
= The arguments IN the case were no
4 completed uni! ailer dinner "hen th'
= Court, IN ITS charge 10 inc jury Ithu Luz
4 fret two sections OF ohupler l@o oil the re
y yised code, rs follows
SDcrloN l. Any contract, 9f eonsen. pu,
auamt 10 W'un uvtn' ~ lsnas frnrmcnt,
I, or Observation-Disclosures tlnder an agreement 10 IA
~ rent. shall he a demise.
y, SECTION 2. Where no term Is expressly
limited, demise sinil ne eohi,tu,u s 10 'ir H.
It yeaI, SN ti,npc ~ ''
Tint this is a question merely of fact
= "a "a, az. IN ImrS nnst decide whether M
4, a a,r Was lar Williams TO nay tw,
.e NIL, If ,l,. n,nns raised. ns rent. or f.
!, s'inaycr i, ,ey IN. nlaintiT one-third {
" tbe crrrs rai-el. IA c0mpemsation for h
." sIr,te,.. That If thrv louud il WAS A ten
go a,rv and lhni IN. plaintiff had bee
x ,.p; from The nosseesinn. his damap,
o. s,,n,iJ T., Mai ,ynnld have hcen h
~ ,'r.,iis Ear tl,,t v,ar. ana tl,ut il would ,
4! lno,nnrt"nt rnr he jury t. take into COZ
W. ii'l,i, ,,,. ,,,f,,ivniion If the eyirtio
rlh'i s'i'yi 80 '-l7 -