Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1874-09-08

OPENING OF THE SEPTEMBER TERM THIS MORNING
List OF THE JURI es-ADoPrloN OF NEW
RULE,
The U. s. Court convened, this morning, Judge
Bradford presiding. The Grand Jury was called
as follows, and dismissed to their room
New Castle county: Charles Warner, John
Richardson, William Brown, W. H.. Pierce, Jas.
Morrow, ]. @. Akin, Francis McCloskey, James
Martin, Anthony Reyboid John p. Belville, Jas.
Garmsn, Thos: Darlington, Thos.. Belville, Je-
rome Conrad, John w. Griffith, Henry. Lapee
Kent county John w. Carter, John Woodward,
Stephen Postles Sussex county John Wood,
Joseph D. Virden, Peter s. Faucett, William P.
Wolf
The following is a list of the Petit Jury New
Castle county ALFRED j. Derrlckson. Henry
McsIullen, John j. jackson, James Crosby, Ma
thaniel Bayne, Evan p. Grubb, Roland b. Day,
Joseph ], Braun, John Stafford, Ed Reybold,
G. w. Reybold, Ben. W. Schaffer, j. H. Roberts,
]. w. Hudson, Chas. McWhorter. James Lyle,
Robt. Morrison, Geo. W. Roberts, Jas Carpenter
Victor Sterlin Kent county :-Isaac d. Hamil-
ton, Samuel Reynolds, Joseph Reynolds Sus-
sex couniy-Thomas u. Wilson, John g. Adkins
Stephen L. Blizzard, James Rust, Daniel Dodd,
Daniel H. McColy, James Butler.
The following rule was adopted governing the
practice in the U. 3. Circuit Court IN conformity
with an act of Congress regulating the same
In order that the practice, ,pleadings and forms
and modes of proceedings in other than Equity
and Admiralty in the Circuit Court of this dis
trict shall conform as near as may be to the
practice, pleadings and form and modes of pro-
ceedings existing at this time in like causes in
the Supreme Court of the State of Delaware.
1t is hereby ordered that in all suits in this
Court where the parties and the subject matter
are within the Jurisdiction of this court the prac-
tice az prescribed and enacted by Sect. T. of the
Revised code, of the Laws of Delaware,
Of 1852, as amended in 1874, page 6l5,
shall be the practice adopted by this Court
AZ far as the same shall be practicable
provided, however, that all affidavits of defence
shall be filed by the Clerk of the Court on or be-
fore the first Friday following the opening OF
the regular terms, and provided further that on
motions for Judgments notwithstanding afi-
dayits of defence shall be made on the Tuesday
following the Friday on which said affi.
davits shall have been filed which day
said Judgement shall be entered unles,
| upon motion for continuance the entry of judg
ment be postponed until further day, and pro
vided further that the rules OF practice of the
Superior Court Of the State of Delaware anc
mode of entering security for the payment Of
judgment rendered on copy and abstract o1
course of action and affdavits filled shall be and
they are hereby adopted as rules ( this Court
governing in like cases.
It is hereby further ordered that all the othel
rules of practice in the Superior Court of the
State of Delaware and the pleadngs and form
and the modes of proceeding in said court shal
in other than Equity and Admiralty causes bI
adopted as the rules OF this court as far as til,
same may be made applicable. Prooided, how
ever, that the rule day of the Circuit Court shal
be the same as now established by the I'd rule
id eft, the 1st Monday of every month, and thu
times and mode of pleading by rules laid on aiit
by the respective parties to the suit, shall be tht
same as now established by the said I'd rule.
| Various motions and petitions We're disposed
| of.
| petition to declare the Smyrna & Del. Ba,
| r. R. Co. bankruDt WAS dismissed.
rule was granted on motion of defendants
counsel in the case of the National Spring Co.
Vs. w. H. Schoen to show cause why furthe
time should not be granted for the purpose o
taking testimony, and why defendants answe
should not bo altered.