The daily gazette., 1878-07-19
SECOND EDITION
The sCitys Legal Business.

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The Citys Legal Business.
THE CITY soLIcIToR's SUMMARY OF HIS
YEARS WORK. lJ ss..II,l.ssI
At the meeting of City Council, last
evening, the annual report of City Soil
dered to be printed. tits asfollows:
WILMINGTON, DEL, Junei29th 1878. y
To the City Council of Wilmington.
/ GErTLENENs-I have the honor to
submit the following report for the year
ending June 18th, 1878. -
The following cases in the, Superior
Court have disposed OF dnring the
year:
Chas NJ. Gallagher, and No. 800 /
VIM; s; Hayes, trading May term term
Mayor and Council of viii.
This case was tried before referees by
my predecessors, Walter Cummins, Esq.
An award infavor of the plaintiff for the I
sum of S654.G6, was made by majority
of the referees. John G. Patterson, Esq, |
one Of the referees refused to sign the re-
port on the ground that the plaintiffs had |
no cause of action. The late City Solicit |
tor. recommended that motion be made |
at the next term of Court to set aside the !
award. No instructions to that effect
were received by me, and the Council
have ordered the amount to be paid, and
the case is settled.
VIM Mcclure $40 Nov. Term
The Mayor and Council Case
of Wilmington,
This was an action for damages to the
plaintiffs property in consequence OF the
grading Of Vandever Avenue. At the
November term 1877 the case was referred
to Messrss James G. Aiken, Henry G.
Banning and Edward I. Bellah, before
whom the case tried and argued. The
referees gave an award in favor OF the
plaintiff, for the sum of $3.50. This amount
together with the interest and costs has
been paid, and the judgment upon the
award satisfied.
The following cases are now pending
in the Superior Court.
The Mayor and Council No, May Term
of Wilmington -~l aa"''-1S7S"--s'@'-'
, s. G.. Simmons & Bro, Covenant
, and W. II. 81 HI. Cause
!. This is an action of covenant upon the
: lease m ade to the said defendants, of the
wharf at the Soot of Tatnall street. The
! amount claimed to be due is the sum OF
: $3.50, as appears by the account sent me
by the City Auditor The case is not at
issue but will probably be ready for trial
at the next term of Court ~ VIZ
/, Patrick Magarity May Term 1878
;, The Mayor and Coun- Case
Gil of Wilmington
:. This is an action brought at the last
IL term of Court to recover damages fol
n alleged injuries to his property at Mary
it land Avenue and Monroe street, caused
as am informed, by water from the
= sewer backing up upon and flooding hi:
q yard and cellar. AS the pleadings have
! not been filed cannot state the nature
of the Injuries or the amount of damages
claimed. E Ii-. r,-.-
e Albert d. Vandever,
VS.. s. d. a. 1873. IL -
/ The Mayor and Council
e of Wilmington. Resp'nt Appeal
d This is an appeal from the judgment OF
|, the Mayor imposing fine upon MI
Vandever, for violating the ordinance II
reference to the sale OF illuminating oils
Il 1t will probably be tried AZ the next tern
"a of Court
Eliza Harris ! May iys7s' Term'
f The Mayor and Council Case.
;s of Wilmington.
Ie This is an action brought to recove
damages from the cityfor obstructlng the
foot of Shipley street, on the west side
and thereby preventing the plaintiff from
having free ingress and egress to AM
,e from her property. The pleadings have
lie not vet been filed and / am unable t,
At state the amount of damages claimed
.: The amount asked for by the plaintiff IL
Il her petition to Council was, l believe
=. 5000. SO far as have been able to lear
p the facts in the case, ana of the opinicl
III that the plaintiff has no cause for actio
against the city. :.
q The following cases are pending L
- Chancery:
William A W! Murphy ct al NeG n chsassa osssi
a q The Mayor and Council Co..
IN of Wilmington. injunction
or This was bill for an injunction file
n against the city to restrain It's omcel
o. from collecting certain assessments mao
er against the estate OF John Montgomery
in deceased, for the cost of constructing tn
of Monroe street sewer between Front an
er Secopd streets. The testimony has bee
taken, and the case will be argued befor
this Chancellor at the September term
James Bennett In ChancerY.l
VS.
.st Ths Mayor and Council Injunction.
he of Wilmington. fInfl
u This is bill filed for an injunction
restrain the city from collecting an a
sessment against the plaintiff for curt
e. ing and paving in front of his propert
on New Castle Avenue
The case is not yet at issue but wi
probably be ready for the taking of test
r mony at the September term. 1t invo
Il. YES the legality of the asst ssments mad
A. HI. Grimshaw, ct al
Sureties Off. l.. Mngore,
ravor and Council
or of Wilmington