The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-03-29

Of unlawful enter and detainer which had
been entered previous 70 The cling Of the
bill in ehaneeFy. The defendants sp-
peared for the first time and moved 70
quash the writ, The motion was sus-
tanned by the Court, and an appeal was
taken by the Gas Company in the su-
prema Court, Judge PAUL having been q
counsel In the case did not serve,
and the judgment Of the Circuit Court
was affirmed by Judges Raymond, Moore
and Hoffman, Judge Raymond deliver
ing the opinion. In this suit the Gas
Company was represented by MCssrs.
Wheat, Lamb and PendletOn, and the city
by Jeflers and Allison,
Tho Gas Company Immediately there
upon brought suit in eiectmont before the
Circuit Court, On the sd Of May the
city appeared and plead to the action,
and in November, 1873, the Court ordered
a jury to b. summoned, and twenty quail.
fed persons to be sworn, On the 24th Of
November the jury was impanneled, and
the examination Of the case occupied four
days. The jury returned q verdict for
defendant, saying that sthe defendant
does not unlawfully withhold from the
plaintiff the premises in the declaration
mentioned, or any part thereof The
judgment 81 the Court was to the effect
that the plaintiff take nothing by it,
bill, and that the defendant recover Of
the plaintiff lie costs In the case.
During the trial the plaintiff
excepted to tho rulings Of tho Court and
rendered its twelve bills Of exceptions
thereto, which were signed by the Court
and ordered to be made part Of tho
record.
The counsel for the Gas Company made
motion TO set aside tho verdict and
grant neW,trial, which motion the Court
overruled, The company theroupon ap.
pCaled from the judgment Of the Circuit
Court to the Supreme Court, The APP
peal came up for a hearing at the June
Term OF tho Supreme Court In 1874 and
was argued by Daniel Lamb, o. j, Faux
nor and ]. II, Pendleton for the company,
and letters and Allison for tho city, The
same Judges were on the bench as before.
At the term Of the Court held in January
last the judgment OF tho Circuit Court
was affirmed and the bill dismissed At the
costs Of the Gas Company, Raymond
delivering the opinion.
After the Ghancery cause had been de-
cided, the Supreme Court having taken
no notice Of q motion made by the Gas
Company in tho Circuit Court to have the
money taken from the Merchants Nation.
al Bank, where II had been deposited
by the city to tho credit Of the Gas Conn
pany, and placed In the hands Of the Re-
ceiyer OF the Circuit Court, subject to tho
future order Of the Court, the money 70.
manned In the hands Of the Receiver, Mr.,
d, O. List, and on tho 10Th Inst. tho Gas
Company obtained IN order from the
court for the Receiver 10 pay over tho
money To-day. Thus ended this long and
expensive litigation, which Is estimated
to have cost tho Gas Company, including
interest, something over 10000.
The present Gas Commissioners arc
James Maxwell, ]. G. Smith and Mortl.
mer Pollock, who wero appointed shortly
after tho works came Into possession Of
tho city.
Our citizens arc now paying 81 80 per
1000 feet Of gas, with ten per cent OF,
The coat Of manufacturing gas In this
city is estimated by those familiar with
the subject at not more than % cents per
1000 feet, placed in tho holder. So II