Wilmington daily commercial., 1874-09-09
u. y. Court.

OPENING OF THE September TERM THIS MORNING
List OF THE IURIEs-ADoPrioN OF A 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, ]. c. Akin, Francis McCloskey, James
Martin, Anthony Reybold, John p. Belyille, Jas.
Garman, Thos. Darlington, Thos. Belyille, Je-
rome Conrad, John W. Griffith, Henry Lapoe
Kent county John w. Carter, John Woodward,
Stephen Postles Sussex county John Wood,
Joseph i. Vrden, Peter S. Faucet, William +.
Wolf
The following is list of the Petit Jury New
Castle county Alfred ]. Derrckson. Henry
McAIullen, John ]. jackson, James Crosby, Ma
thaniel Bayne, Evan p. Grubb, Roland B. Day,
Joseph j, Braun, John Stafford, Ed. Reybold,
G. W. Reybold, Ben. W. Schaffer, J. II. 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 county-Thomas T.. Wilson, John s. Adkins
Stephen T. Blizzard, James Rust Daniel Dodd,
Daniel II. McCoy, James Butler.
The following rule was adopted governing the
practice in the I. S. Circuit Court III 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, pleadngs and form and modes of pro-
ceedings existing at this time i'll 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-
tce as prescribed and enacted by Sect. 4, of the
Revised code, of the Laws OF Delaware,
of 1852 as amended in 1874, page 6i5
shall be the practice adopted by this Court
as far as the same shall be practicable;
provided, however, that all aiiidavts 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 Aft
davits of defence shall be made on the Tuesday
following the Friday on which said aff-
dayits shall have been filed which day
| said judgement shall be entered unless
upon motion for continuance the entry of iudg-
ment be postponed until further day, and pro-
vided further that the rules OF practice of the
Superior Court of the State of Delaware and
mode OF entering security for the payment OF
judgment rendered ON copy and abstract of
course of action and afdavits filed shall be and
they are hereby adopted as rules , this Court
governing in like cases.
1t il hereby further ordered that all the other
rules of practice in the Superior Court of the
State of Delaware and the pleadings and forms
and the modes of proceeding in said court shall
in other than Equity and Admiralty causes be
adopted as the rules Of this court as far as the
same may be made applicable. Provided, how.
ever that the rule day of the Circuit Court shall
be the same as now established by the I'd rule
ii est, the LIST Monday of every month, and the
times and mode Of pleading by rules laid on aud
by the respective parties to the suit, shall be the
same as now established by the said I'd rule.
Various motions and petitions were disposed
Of.
A petition to declare the Smyrna n Del. Ba,
il. Il. Co., bankrupt was dismissed.
, A rule was granted on motion of defendant
counsel in the case of the National Spring Co.
w. 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 be altered.