Wilmington daily gazette. [volume] (Wilmington, Del.) 1872-1874, 1874-08-01
City Litigation.

SOME EXTRACTS FROM THE LATE REPORT OF
THE CITY SOLICITOR.
From the last annual report of the City So
hector, recently printed, the following extracts,
which may prove interesting:
THE PARK INJUNCTION
>. This As an information, praying, an injunc-
ton to restrain the city from the purchase of
certain lands upon the Brandywine for pub
lie park
By order Of the Chancellor, made in June.
1873, and subsequently continued from time to
time, the city was enjoined until the further
order OF the Court
1t is understood that all of the contracts or
agreement with the owners of said lands for
the purchase of the same, have been abandon
ed by mutual consent and that no further pro-
ceedings are contemplated by the city. By
agreement between the solicitors of the parties
the compliments paid all costs, but the suit
still remains open upon the docket. As was
solicitor for the compliments before became
solicitor for the city, could not represent the
city in the event OF further litigation in this
SUIT, but IT Is supposed that all contest is en-
ded, and that nothing remains but to make the
necessary orders for the formal disposition of
the suit / would suggest that suitable action
for this purpose be taken by the city at an ear
ly day.
A. NJ: Qninby & Co as. The Mayor Of Coun-
Gil OF wilmington, owner, and VIM. ii. Foulk
contractor.
In this action the claim is for SAL IL, with
interest, for work. labor, and materials fur
nished by the plaintiffs to said contractor, for
repair OF the City Mill No. 2. The whole
amount due the contractor had been paid him
by the city before the filing of this lien, and
the contractor had settled with the plaintiffs
by note which was not due ut the time action
wat brought. An affidavit of defence was filed
al the May Term, 1874 and the case was con-
tinued without final action by the court. |
am of the opinion that the claim of the plain
titfs can not be sustained
RECOMMENDATIONS.
In concluding his report the City Solicitor
makes the following recommendations:
The practice of nj taching money in the hands
| OF the corporation has grown into an nnmiti-
! gated nuisance, added to the labors of the Off
| GERS OF the city, increased the expenses of the
city, produced confusion of accounts, and
would have resulted in the loss of consider
| able sum OF money during the last year. had
not the Judgments against the city been set
aside upon writS OF celtiorari.
| wouid recommend that ths Council make IA
formal aud urgent appeal to the next Legislature,
10 amend said Act, so as To exempt municipal cor.
porations Tor The OPERATION of attachment pro-
| cess.
| In conclusion, | would recommend that tho
| Council order the printing, IN pamphlet form,
Win suitable index. OF all ordinances passed
| since Tho publication OF the Ordinance Book OF
1872. The printing Of the ordinances In the ne W g.
papers Is In many respects useful, but does not
supply the nect ssity for their publication in more
permanent and compact torm.
Although II IS legal presumption, that all
men may kaoio Me ia,o the presumption Is very
Violent and dangerous enc, if the law Is 10 10
found oniy IN the manuscript records OF the oun-
ell, OF ia the niles OF newspaper.
VIM G.. SPHuANcE
CITY Solicitor.