The daily gazette., 1876-12-05
FIRST EDITION!
The Superior Court.

OPENING sEssIoN-MAGEE VS.. M'cALL-
IMPORTANT RULING OF THE COURT
DERRINGER VS.. DERRfNGER, &c.
NEW CASTLE. Dec. 4, 1876.
The Court of General Sessions of the
Peace and Jail Delivery and the Superior
Court opened this morning, at 10 O'clock,
Judges Comegys and Houston on the
bench.
The first two hours of the morning ses-
sion we, We're occupied in disposing Of the
trial list which melted down considerably
under the operation. The. result disclosed
the fact comparatively few cases would
reach a Jury trial.
Philip Lowenstcinvs. Clayton Fire and
| Marine Insurance Co., Judgment for
plaintiff for S135 81.
State vs. James w, Carney, for bigamy,
This case came up for trial and the de
fendant failing to appear when called his
| recogniZance was forfeited.
Charles Magee VS.. George McCallThis
was asuit on a promissOry note and while
| one of the parties resided in Delaware
the other lived in Pennsylvania. The
case was pleaded to issue at the last term
when the defendant gained continuance
through the absence of a material wit
| ness. The counsel for the defendant now
petitioncd under the Federal law for q
transfer to the U. S. Circuit Court; as the
amount in dispute exceeded $500. The
U. ). Statute provides that n petition for
such purposes must be presented ut the
State Court at or before the trial term of
the cause. The court declined to allow
the cause to be transferred and laid down
rs n rule that such petitions must be made
at the first term after case is pleaded to
issue. Gordon for plaintiff; Nields for
defendant.
Theophilus Il. Derringers administra-
tors VS.. Bronough NJ, Derringer's admin
lstrators, order granted last term against
Estillina Derringer, one OF The
appear at the bar of the Courtand answer
whether she now has or ever had in her
custody the probate of certain due bills,
amounting to over $1,000 which was al
legged to have been filed by Theophilus
, II. Derringer against the estate of Bro
. nough NJ. Derringer. The witness being
/ sworn denied that she ever saw any sue Ii
probate. Higgins and Spruance for plain
tiffs q. Is. Rodney for defendants.
= The following students were presented
1 for admission to the bar. John ii. Fraz
cr, by John c. Patterson, ESD; Clifiort
James by S. NJ. Harrington, Esq; an'
Edward Kennard by Anthony Higgins
= Esq. The following committee was ap
pointed by the Court to examine the ap
n plicants: WIN. G.. Whiteley, Benz. Nield
1 and Edward &. Bradford, Jr Esqs.
! Court adjourned until p. NJ.
o AFTERNOON SESSION.
( Court reassembled at 3 pm.
The committee appointed to eXamin
applicants for admission to the bar re
i ported that MessrS. Kennard, Frazer AM
y James, had passed highly creditable ex
/ aminations, and on motion of VIM. q
!, Whiteley, Esq, they were admitted.
a On motion of VIM. q. Wmteley Esq
! James l.. Vallandigham, ESD, OF tn
Ohio bar, was admitted to practice in tn
10 Delaware Courts.
Y The new Sheriff, Isaac Grubb. the
70 bonded i'll open court i'll the sum OF SlO
900. His sureties were VIM, Herber
Benz. G. Pearce, John Mealey, Issac \
lie Grubb, Samuel G. Chandler, John I
: Morrison and William Il. Lyman.
ID John s. Rowbotham VS.. Benjamin
+, Pearcc. This was an inquisition at bi
l. to determine the amount of damages
70 The case is this: In March 1879, Peart
e. leased to Rowbotham the house No.
1 East Third St., reserving the front roo
down stairs, storage room in the cell;
Is and minor exceptions; Rowbotham ei
,r tered into possession. The business {
saloon keeping which Pearce practice
in the reserved rooms, however interfe
ed with the comfort of the lessee's fami
they being disturbed by the prevalen'
of uncouth noises profanity and gamir
nd mt all hours of the night in consequent
or on June oath, Rowbotham moved h
family and Pearce sued out an attac
ment for rent and made him give securit
Then Rowbotham attempted to subj
IS, and placed notice "To let" on the bull
so ing, Pearce placed another notice undo
se meath forbidding any person rentil
er from Rowbotham and also interfere
with n person with whom Rowbotha
was making arrangements to sub-let.
~ Rowbotham sued for damages al
Pearce confessed the facts and demurr
I in law, The demurrer was overruled a
it is mere question as how much
damage.
There are anumber of witnesses to C,
mine and the case may last the bet'
part of tomorrow, Whiteley represel
defendant and Patterson, the plant
~ Court adjourned at 6p. IN.