Wilmington daily gazette., 1874-05-30
FIRST EDITION.
PROCEEDINGS OF COURT,
.THE EPISCOPAL CONVENTION.
OPERA HOUSE AMusEmEnTs
New Castle County Court
CONTINUANCE OF CIVIL CASES.
FIFTEENTH DAYS eRssI0E-THE BUSINESS
DRAWING TO A CLOsE-PROBABIEA ADJOURN
MENT TO-DAY.

FIFTEENTH DAYS eRssI0E-THE BUSINESS
DRAWING TO CI.OsE-PROBABLE ADJOURN
MENT TO-DAY.
{ Reported for the Daily Gazstts.)
NEW CASTLE, Del, May Goth, 1874.
Court opened this morning at the usual hour
Judges Glpin and Houston on the bench.
The court proceeded to finish the caseOf John
S. McCrea ps. Robert l.. Armstrong. MIR. Geo.
Lewis recalled as to the sale made by him to
McCrea and Mr. McCrea himself placed upon
the stand by the defense. He testified that
the sale was bona tide. The jury rendered q
verdict for plaintiff.
The next case taken up was that of Silas
johnson gs. David Rees garnishee of theGreen
Branch Ditch Company. Cummins for the
plaintiff. Spruance for the defendant. THIS
case arose as fOllOws:-AbOut tive years ago
Mr.Silas johnson obtained a judgment against
the Green Branch Ditch Company for work
and labor done to the amount of over 5000,
tach unpaid taxes TO the hands of the taxables
David Rees was one of the parties on whom
an attachment was served and he pleaded
Nallld bona. the statute of limitations, pay
ment, that all sums for which he was liable
under the act of Incorporation of the Com
tachment was served upon him, and that these
taxes we're not collectable after the expiration
OF two years being barried by the lapse Of that
time In the same manner as county taxes
The plaintiff plead in evidence the act of in
corporation OF the Company and placed Mr..
stand and he was subjected 10 a lengthy ex
animation. This was tho only witness called
in the case, At The conclusion OF his exami-
naCiOn Mr.. Spruance at some length argued
the case cOntending two of the Commissioners
under ,he act had irregularly appointed one
Mr.. VOshell to fill the place of Mr. Lockwood
the remaining commissioner he not having re-
signed or refused to serve and that this made
void, the acts of the commissioners. that 6
days notice of a meeting called had not been
given as required by the act, aud that the tax
es were barred after two years
Court adjourned until Up. III,
AFTERNOON SESSION.
Court met at the hour appointed.
| Mr. Cummins proceeded 10 argue for the plain
tiff in the above case and denied that lapse oi
two years barred a recovery OF these taxes anC
| claimed that the appointment OF Sosheli wa,
regular and that any irregularity in the call o
/ the meeting was waived in Mr.. Rees' action ia
presiding at it, The Court charged the Jury that
Mr.. NoshelPs appointment was regular, that NJ r
i Rees' action had waved irregularity in the cal
| aud that the Statute OF Limitations governe,
10 this as 10 other debts, but lett the Jury Il
| lind from the evidence whether there was sufi
| cient to take the debt out OF the Statute. Tn
Jury found verdict for the plailtE OF els IS AM
costs Three cases slIilai TO this were coutiu e.l
In the case OF doe lessee OF McMulln VS.. Wn
IL. Lank-Eectment. Whiteley for plaintiff
Gray for defendant The Court refusel on accouu
OF lis gravity to dispose of 1t In the absence c
| Judge Woolten, aud it will be heard in the Coul
OF Errors and Appeals. This case Involved til
| construction oil 4 trust.
The remainder OF the day was occupied In Ia
transactlan Of Rinor business, such as taking il
quisitions ct cetera, aud making gsaeral prepara
tons for final adjournment tomorrow.
Court adjourned at 7. NJ, until 10 to merro'
| morniLg. 1