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

THE HARRIS VS.. HARRIS SUIT-THE
POINTS OF THE CAsE-THE COURTS
OPINION IN REGARD TO THE CITY
GARNIsHEE SUITS.
NEW CASTLE, Del, Dee. 11th 1876.
sessions of the Peace and Jail delivery,
Superior Court and Orphans Court
opened at New Castle, at 10 o'clock, this
morning, Judges Comegys, Houston
and Wales present.
Thomas Mccormick VS.. William Prit-
chett replevinin Judgment for defendent
for S29.36
State vs.. Frank Beaston, negro. Beas-
ton WAS arraigned for committing rape
upon Flora Booth, in Red Lion HID, Aug
18th, 1876, and pleaded "not guilty" Geo.
Gray, Esq, was appointedc ounsel for de-
fendant
The case was continued until to-mor-
row morning.
Barney G. Harris, Exccptant VS.. job n
A. Harris, Executor, issue from Orphan s
Court.
Bird for Exceptant Gray and Pipper for
defendant.
The jury was swornto try truly the fol-
lowing issue:-Whether any part, and if
any, what part of the lands situated on
Water street, between Orange and Ship
ley streets, in the City of Wilmington, at
which were condemned and taken by the
said city, for the purpose Of condemning
| the said Water street, was at the time OF
Its being so condemned and taken the
property of John Harris; and whether
any, and if any what portion of the bonds
for the sum of $1,000 or, which were paid
by the said city, and paid and delivered
Il hui ba Traoc.,,xr nf ha oaiI of IN Vnhr,
A. Harris, ,on the-day of-August 1S7-,
were for damages for lands which belonged
to John Harris, and whether John Harris
in his life time gave to the said John A
Harris, or agreed or consented that the
said John A. Harris might have and take
for his own use and benefit, that portion
of the sum of $4,000, or which was awar
ded to John A. Harris for the condemna-
ton of land belonging to John Harris.
1t appears that John Harris late Of Will
mington, made will dated January 14tf
1856, to which he had dded two codicil
dated respectively on the 9TH of August
1868, and the 4th of November, 1871. II
this will, after certain bequests, residue
was left TO be devidcd between Barney G
Harris, son, and his daughters. In 1876
} John Harris, died and on the 10Th of Ma,
of that year this will was probated will
John A. Harris as executor. On Waite
street in Wilmington between Orange an,
Shipley streets were two adjoining tract
, of land; one % feet frort with the recor'
title of John A. Harris, and other 50 fee
front, with the record title in John Harris
In 1852 it became necessary to take par
of these lands TO widen Water street, an
U a commission was appointed to asses
damages. This commission returned al
the land as John A. Harris and assesse
the damages at $1,000. John A. Harri
received the $4,000 in city bonds. No,
. Barney G. Harris one of the residur
: legatees cromes in and claims that pal
that $1,000 belongs to the fathers estat
and excerpts to John A. Harris accouI
" because that portion of money is not q
), counted for.
|. There being an issue if fact as
y whether John Harris or. John A. uar
n owned this land the Orphans Court sent
to the Supreme Court for trial. The defer
ant claims that John Harris gave the pro
erty to him as his own duringhis lifetir
although there were no formalities
n, transfer, and even if such were not t
fact still John Harris gave absolutely
his son the portion of the land which 1
property brought, jury out.
There are quite a number of cases
which the Mayor and Council of Wi
mington are attached rs garnishees son
of these cases will not be tried, not at al
and some not this term, but the Court
IS an informal discussion strongly intimate
that the city having municipal coropor
ton was not within the intendment of Il
l. act Of Legislature which makes coropor
tions liably to attachment. The SCENE
to think that only private coroporatiol
We're meant.
~ Court adjourned at 6 o'clock p. IN.
D. ii. Z. L.