The Morning herald., 1876-12-05
COURT PROCEEDINGS.
ALsn0tAv Trial List.

#f n Ao00g@y 1Ts"t AsS1.
Court opened yesterday at 10 O'Clock,
Judges Comegys and Houston on the bench.
The Court first took up the trial list and
vas occupied for two hours in disposing OF
the cases on IL.
In the case of Philip Lowenstein vs.. Clay.
ton Fire and Marine Insurance Co., judg.
ment was given to plaintiff of sl35.9l.
State vs.. James w. Carney, for bigamy
Carney being called failed torespond where
upon his recognizance was forfeited.
Charles Magee VS.. George McCall-case.
Gordon, plaintiff, Neilds, for defendant.
Defendants counsel petitioned for the re-
moyal of the case to the US. Circuit Court.
This is an action between citizen OF
Delaware and one of Pennsylvania and was
pleaded to issue last term, and the counsel
for defence obtained q continuance. on the
ground of the absence of material witness
The United States laws provides that mo-
tion for removal shall be made in the State
Courts at the first trial term.
The Court refused the motion, laying
down as a rule that such motions should be
made on the first trial term, after the plead
inQs reached an issue.
Theophilus T. Derringer's adm'rs vs..
Bronough NJ. Derringer's admr's. Spruance
and Higgins for Plaintiffs, G. B. Rodney for
defend ants. Order granted last term against
Estellina Derringer to answer as TO the Gus
tody of probate of certain due bills filed oy
Theophilus N. Derringer against Bronough
NJ. Derringer's estate. Estellina Derringer
being sworn denied the custody OF any such
probate.
The following students were presented for
admission: Edward Kennard by Anthony
Higgins, ESQ.,, Clifford James by Samuel
NJ. Harrington, ESQ, and John H. Frazer
by John c. Patterson, Esq. The Court sp.
pointed the following committee to examine
the applicants: Edward G. Bradford Jr. Esq, e,
William G. Whiteley, Esq, and Benjamin
Nields, Esq.
AFTERNOON SESSION.
Court opened at 8 p. m.
The Committee on Examination OF Stu
dents reported that Messrs. kennard, !,
James and Frazer, had passed satisfactory
examination, and upon motion OF Wm. u
Whiteley, Esq, they were admitted 10
the bar.
On motion of VIM. G. Whiteley, Esq,
James L. Vallandingham, Esq, of the Ohio
bar was admitted to practice in the Della
ware courts.
The Sheriff, Isaac Grubo, then bonded il
the sum of $4,000, his securities being
william Herbert. B. c. Pierce, John Mea-
lev, Samuel G. Chandler, John c. Morri-
son and VIM. r. Lyman.
An inquistion at bar was held in the
case of John S. Row botham vs..
BENJAMIN c.. Pierce. Patterson for
plaintiff and Wbiteley for defendant. Il
appears that in 1878, March 25th, B: c.
Pierce leased house, No. 9 East Third
street in Wilmington to John S. Rowbot than
for one year reserving for his own use the
front room, cellar room for storage in which
said Pierce kept saloon. June 24th OF the
same wear Rowbotham moved alleging
that the noise in defendants saloon caused
by gaming and profanity rendered it impos
sible for his family to remain. When Row.
botham moved, Pierce attached his goods
and made him give security for the years
rent, When Rowbotham attempted to sub
let Pierce notified all comers that he would
not permit them to occupy. When Row
botham put up notice Ito let' Pierce sup
plemented it with notice that "letting"
was not permissible, and then Rowbotham
sued for damages and Pierce confessed the
facts and demurred. The demurrer was Or
dered and now it is mere question OF dam
ges. Quite a number of witnesses are to
be examined and the case will occupy a
considerable time
Court adjourned at = pm.