The Morning herald., 1878-11-28
ONE CENT.
OUR COUNTY COURT.
VERDICT IN THE KNIGHTS OF PYTHIAs
cAsH--LITTLE BUSINESS DOME.

Special Correspondence of the HERALD.
.,. r----a, NEW CASTLE, November ~.
The jury Ia the case Of Samuel Magee's
administrator VS.. Clayton Lodge, NO. 4,
Knights of Pythiss, after being out over
five hours and half returned to the Court
Room last night at 9.45 O'Clock, and re-
turned verdict for the plaintiff. Mrs:
Magee, for $l04.68, -.-s-,,.'..-,-.er,,..4..
Court opened this morning at 1915
o'clock. Judges Wooten and Houstonon
the bench. I'D. @ es-,s1 a,a,arI
Henry 6. Conrad: Esq, applied for the
admission to the Bal. of Eli Il Chandler,
who has been studying law during the past
two years in his Office in Wilmington.
The Court appointed the following gen.
tlemen as q committee on examination
Nessrs. John G.. Patterson, George H.
Bates and Levi G. Bird. vAw asgHF ~
The case Of John II. Roberts vs.. Isaac
Grub, Sheriff. John Rodney, Esq, plain
tiff, and Walter Cummins, Esq, for de-
fendant. .45 ss@%o' a3"
The csse was'an action of replevin to re,
cover possession of the goods Of the plain
tiff, levied on by Sheriff Grubb for the nom
payment of rent. ,,.,......,-. nj, ,.4
Roberts was a tenant living IN Delaware
City on the property ofWilliam Ware,
who resided in Philadelphia. Roberts gave
notice through the mail on the a24th day of
December, 1876, that he intended removing
from the property on the 25th Of March
next The letter did not reach Mr.. Ware
in Philadelphia, until the 26th Of Decema
ber, at O'Clock, p. M, which was not
within the time fixed by law, that is three
months previous notice. 80, r,.gsrr al
George A. Clark, postmaster at Delaware
City, testified to having written the notice
for Mr.. Roberts two or three days before
the .25th of December. The date OF the
letter was the 24th, which fell on Sunday.
The witness said positively that the letter
was written before Sunday, he probably
having made mistake In dating 1t, ana
was dropped into the box on the same day,
but could not say when 1t left Delaware
Mr.. Roberts left the property on the 25tb
of March, surrendering the keys to the
town constable, Mr.. Ware, the landlord,
having no agent In the place Mr.. Roberts
was held responsible for nine months rent,
which he refused to pay and hence the
suit. .,.-f, m, .-cr ,rra CIV gssJ
The Court in the charge to the jury
ruled that the landlord was entitled to re-
lceive such notice before December goth.
and not before noon on that day, the la Y
does not recognize fractions of days. Tia
Jury retired at 10 30 O'clock. ssp,.s
| There being no cases for trial by jury the
first panel Of the general jury was dis
charged from any further attendance Ct
this term of Court. u. g s,.lg
Judge Wooten spoke of the negligence It
some lawyers in failing to be present wht
their cases were called for trial. T"
At 1855 p. M, the jury in the Roberts
Grubb case returned to the court room, nd
rendered q verdict for the plaintiff for il
J cents damages and :osts.
Mr.. Cummins, counsel for the defense.
stated his intention to movefor new trial.
The Court shortly after adjourned III til
O'Clock, p. m. 80,
! The Court waited the whole afterno IN
fol-, business, and adjourned at ten minu es
! to six o'clock until Friday morning. %