The daily gazette., 1877-11-27
SECOND EDITION.
Proceedings Of Court.

Inc CGUU Lt5C Juhen Up-MpOTtuHL
Suits Continued Ouer until Neat
Term-TdI Collector Cd1penter Tri.
umphGnt.
NEW CASTLE, Del. Nov. 26, 1877.
The following are the proceedings of
the seventh days session of the County
Court, subsequent to those published in
the late editions of the GAZETTE:
The sureties of Sheriff Grubb, to the
amount of S15,O00 were sworn. They
are as follows VIM. Herbert, Benz. q.
Pearce, VIM. II Bolschumaker, Vim. r..
Lyman, Samuel Chandler. Issaac n.
Grubb, George W. Morrison, Jno e..
| NJ orrison.
Jackson Jones vs. Andrew Mcguire
was the first case of the civil list. IL was
an action to recover the sum of S3l. .57 for
unpaid board.
1t seems that Maguire's father boarded
with the plaintiff, and being old, feeble
and nearly blind his board was paid by
his son. The old gentleman had occa-
sion to seek other quarters, leaving a
considerable amount due for board. The
son said he would pay So at time until
the obligation was cancelled. Alter q
short time he failed in his agreement,
and the case was brought before a
Squire for settlement, who decided IN
favor of Mcguire. An appeal was taken,
and the matter brought before a higher
tribunal
The Jury returned verdict / n favor Of
the appellant. There was 10 testimony
brought forward by Mr.. Macallister
"a non-suit, which after argument was re-
fused, and the case was submitted
Court then adjourned until 3 3o'clock.
AFTERNOON SESSION.
Court re-assembled at three o'clock
| TnHnac Gnunanva HnnGtnn and WOHtHI
on the bench.
The libel cases of II. H. NJ Mullel
against the O'Byrne Brothers, for pub
fishing matter during the last campalgi
in regard to him, were continued untl
next term. The manner of offending Ia.
in the publication of any item charging
him with unlawfully collecting none.
; from farmers while he was Assessor o
7 Internal Revenue.
The libel case of the Delaware Stat
Q Fire and Marine Insurance Compan.
9 against the Every Evening was also con
!, tinued
\ Also the case of Boughman, Thoma
= & Co., TO recover damages from tn
= Board of Education. This suit wa
g brought about through the Board retus
: ing to purchase Harpers geography, al
|. ter an alleged contract to that effect ha
$ been cOnsummated.
n John W lies Bissle was, after an exam
! ination, admitted TO pracTice,in the Dels
}. ware Courts.
. VIM. Ii. Cloward VS.. Jos. L. Carper
!. ter, to recover ownership to goods seize
!, by Mr.. Carpenter, tax collector in vii
Q mington, for taxes on the property Q
. VIM. H. Pierce.
;. VIM. H. Pierce testified that he ha
I. made an assignment of all his property
!, personal and real estate, and that tn
|, Sheriff had given him 5000 worth of tn
personal property, as set apart by tn
I, statutes of the State as his portion. He
|; wishing to quit house-k eeping sold alllthi
!. property to his son-in-law, Mr.. ClOwarC
Q Tor $230.00 but before the property coul'
be removed from the house Mr.. Carper
: ter came in and made levy upon tn
goods for taxes due the city from MI
Pierce. Mr.. Cloward, IN order to saw
the goods which he paid for, had wr
of replevin issued, and then brought &C
ton to establish his ownership to tn
property.
VIM. A. Peirce testified that he an
Mr.. Cloward had conversation with b.
father, and that in order to insure hin
,. self against possibility of an attachmen
~ for debt by any of his numerous creditor
his father had sold the goods, thereb
saving them to himself.
Mr.. Gray, counsel for the defence
made an able argument, showing that
If transaction thus consummated Is illegal
and that any sale under similar circum
stances is in direct violation of the law
of the State.
He was followed by Mr.. Lore, the con
tending counsel, who spoke considera
BILE length of time endeavoring to shoy
that the sale was bona fde transaction
and that as Mr.. Cloward had paid for til
goods Mr.. Carpenter had not the leas
particle of right to attach them as prof.
erty of Mr.. Pierce.
The Judges charge to the jury was t
the effect that if the TRANSACTION betwee
the parties was in good faith, and wit
no intenuon of fraud or to keep creditor
from collecting their just dues the sal
was legal and the property was the pror
erty of the plaintiff but if there was a
expressed desire on both sides to clos
= the transaction with the hope of defraud
ing creditors, then the plaintiff expose
himself to the liability of attachment.
The jury retired and was out abou
an hour. They returned with verdic
In favor OF the defendent to the amour
) of S230.000
At half-past five O'Clock Court &C
iourned until 10 o'clock tomorrow mo RI
Ting.
At the Opera HouSe.-At the Oper
n House, last evening, the National The