Middletown transcript., 1876-12-16
Proceesl,ns. Of Court.

haustVe charge from Chief Justice COmeg
: the jury retired to their room, returning il
E little over two hours with verdict for $35
damages for the plaintiff. Mr.. Lore, coun
for defendant, thereupon notified the col
. that he should move for new trial.
The case of Isaac Miller's Admiuistratl
, , Us. Hiett Hutton was next. G. B. Lore a
peared for plaintiff, and Levi G. Bird for q
fendant. This was an action on promisso
note for $500, Hiett Sutton maker, John '
Moore payee, and Caleb and Isaac Miller e
dorsers. The amount claimed amounted, i
terest and all, to $664.0s. The defense $
up is that the note was paid. 1t appears tn
when the note was made, Hutton offered lisa,
and Caleb Miller market house stall
security for their Endorsement. Hutton no
claims the stall was taken in absolute pay
ment and plaintiff contends it was only give
as collateral security.
SATURDAY, Dec. 9th.
There we're no jury trials, the day bein
devoted 10 hearing arguments Of counsel i
various suits and in making motions. A peti
ton of James Powell for the appointment O
commissioners to make new boundaries 70
his land was granted and Messrs. N. Williams
L. W Lattomus. G. E. Rothwell, Colin Fer
guson and F. T. Perry appointed the commits
sioners.
MONDAY, Dec. l1th.
I. T. Derringer's administrator Is. B. N
Derringer's administrator G. B. Rodney,
Esq, appeared for the defendant in this suit,
and Messrs. Spruance and Higgins for tbs
plaintiff. 1t appears that the administrator
of T. T. Derringer is the Fidelity Insurance,
Trust and Safe Deposit Co., of Philadelphia,
and the question is whether the laws of Penn
sylvania which make corporation there
competent to administer can qualify it to
come into this State and exercise the same
functions when the common law of this State
does not permit one Of our own corporations
to minister. After hearing lengthy argu-
ment the Court reserved its decision until the
arrival Of Judge Wootten.
James D.. Rhodes Cs George L. Garsed
petition to take money out of Court which
was paid in by the sheriff. The facts are that
Rhodes was mortgage creditor Of Garsed.
holding purchase money mortgage on the
Franklin mills Of Wilmington, dated Oct. 8,
1870. OF this mortgage $50. 900 is yet due.
The mortgage was sued out, and A. Given
gave notice to the sheriff of $97, county tax
lue, and claimed payment under act Of 1875,
making county taxes duly levied prior lien.
Given had not levied. The sheriff paid the
money into Court. The tax was for 1876
Patterson appeared for Rhodes, Gray for the
collector. Mr.. Patterson waived the failure
o levy, in order to bring up the question as
o whether the Legislature did or could make
tax prior lien on property burdened with
purchase money mortgage, created ante
ior. After argument, the Court intimated
nat the Legislature had the power to make
.xes prior lien, but did not decide fully
TUESDAY. DEC. 18th.
A Court of Oyer and Terminer was con-
ened for the purpose of trying Frank Beas-
N (neg.) for alleged criminal assault on
Iora Booth (neg. in Red Lion Hundred last
eptember. The woman at first told
story but afterwards, on
discrimination, SO contradicted herself
at the Attorney General dropped the case
having no foundation in fact, and at 6 p.
the Court of Oyer and Terminer adjourned
ne die
WEDNESDAY, Dec. 18th.
The late election case took new phase in
e morning The Record showing that the
ses were continued upon the application of
strict Attorney Spruance, that gentleman |
ked the Court that correction be made as
made no such motion, he denying that the
lnsfer to the United States Circuit Court
der the Federal election laws ended the
liter as far as the State Courts were con-
ned. The Court directed the entry to be /
de of continuance by order of the Cour,
informed the District Attorney that in
ad Of there being an end of the cases, on :,
contrary, they intend to try them next c
m unless there was stay of proceedings.
n the case of Tomlinson l. Co. VS.. John F.
igley, suit for breach of contract, the plain
having proved contract at variance with
t lier in his declaration; non suit was
en-.
n the matter Of the rule to set aside the
of Passmore Mtchell's farm, in Appo- a
nimink Hundred for inadaqsacy, the p
lrt decided in favor Of setting aside.
be great portion of the day was occupied h,
taking inquisitions at bar and making
or motions.
he case of Rhodes vs. Garsed-Rule to tc
, money out of Court which the Sheriff
in was argued, but the decision was re- "
ed. This involves the right of the County
Collector to have his claim preferred to
other claims whether precedent or subse- H
ut to the year in which the sale is made
The sheriff.
arab A Heritage vs.. John H. Heritage -
orce granted, and custody of children
rded to Sarah Heritage.
obert E. Randall, Esq, of the Peunsylva-
Bar was admitted to practice in our
IT.
be remaining jury was discharged at y
I. =
THURSDAY, Dec. l4th.
the case of Benjamin D. Maxwell vs..
y L Maxwell libel for divorce, which was
led last night, the court refused to con-
the decree of the Commissioner for a
,rce.
,hn B. Keller and James C. Wilson be- P1
e sureties in open court for Coroner Rose
ne sum of So, 900.
m. s. McCaolley, ESQ.,, then called the "
ntion of the court to the application of
liam Kyle for license, and desired re-
liberation of their refusal 10 grant it. The ny ny
# Justice stated that the court would not or
It any new licenses. They would rather
N the number now existing, as they could
see the necessity for SO many. Upon
or Whiteley stating that the law was con-
tly being violated, and that it was next su sa