The daily gazette., 1879-12-15
FIRST EDITION.
OUR COUNTY COURTS.
THE COURT CONCLUDES TO
TAKE A REST.


DAY NExT-THE CHARGE IN THE
RAILROAD CASE DEFERRED AND A
BATCH OF OTHER BUSINESS BROUGHT
UP.
New CASTLE, Dec. 13.-Mr. Lore
closed In the railroad damage suit at l.3O
o'clock, and the Chief Justice discharged
the jury until Tuesday next, at IL
o'clock, at which time he said he would
be able TO present the various points of
law In the case very clearly.
Court then took recess to 3 o'clock,
and upon rcassembling the argument
list was taken up and gone over.
Mr.. Bird called up the divorce case Of
Rebecca l.. Carsweil VS.. 4. I. Carswell,
and requested the Court to give its de-
cision rs to whether il would remand
the case back TO the Comm issloner, with
cave TO reopen and take testimony
which he had discovered, as going to
show that the defendant had offered his
wife the support, or would accept the
return deeming q divorce final. The
Court, Judge Houston, said that the law
Is that cases cannot be opened unless the
evidence could not have been discovered
in proper time after due diligence, and
he was, therefore, not disposed to open
the case.
Case of Simms VS.. Galbraith; contin-
ued on withdrawal OF plaintiffs demur-
.er, because Of the absence OF material
witness.
On the rule to set aside the SheriFs
| sale of Rachael Whitlock's properly, in
Middletown, which had been heard some
days previous, with Mr.. Bird for the rule
and Mr.. Rodney against IL, Court decid-
ed TO set the rule aside, the ground be-
ing gross inadequacy.
Case of Christopher O'Farrel's Exec
utors VS.. Mary Hazard; O'Byrne for
| plaintiff and Gordon for defendant. A
judgment Of non-su't was given on the
grourd that the plaiI tifls had concluded
not to push their CAIN.
| Case of Patrick McGarrity VS.. ii. p.
Armstrong; Lore for p ntih and VAL
'andingham for defendant. The decision
of John G. Cole, Justice of the Peace,
awarding judgment to MaGarrity, was
upset by Mr.. Vallandingham, Oh the
ground that the findings Of the second
reierecs were not responsive TO the is
sues joined anc the return was definite.
McGarrity was held for costs.
Case of VIM. T. Croasdale VS.. William
Brigh for libel; Bird and Bates for
plaintiff, and Lore for defendant. Mr..
Bird stated that he had been unable to
draw up demurrer TO Mr.Lore's special
plea, but would have demurrer ready
to that or any other plea within ten days
after the rising Of Court. He also said
he wanted to get the case into shape for
t'ial at the May term. The Court said
Tat 1t would have argument on the de-
murrer at the February term.
Mr.. Nields made application to have
the return or the Shefif's sale Of David
Lemo Is property to Maria Lemon
quashed. There had been sale subse-
arent to this, which had been set aside
IN Court on Friday Dec. 6. Application
had not been made upon the ruled day
to set the sale aside, because The otheI
sale had been declared null and void
The property had been sold at a very
low figure.
Mr.. Lo.e opposed the application, say
ing there had been no irrogularlty in the
proceeding, and the applicant had ne
| elected to make q motion to set aside al
the proper time lie had also been pres
- 1t at the sale In question and neg glecteG
to bid the property up.
The facts briefly stated, are as Ioilows
On Oct. /, 1873, the property was sold Al
Sheriff,s sale to the Delaware Fire In
surance Company on two mortgages
OF Q for $1,000 and the other tor 5000
The same property was afterward sold
before the former sale had been passed
upon BY Court TO Maria Lemon for $40
subject to the mortgages. The Cour
| hayi ng set aside the first sale refused t.
| confirm the last, and the Chief Justic'
stated that he would never confirm
sale made under the circumstance OF th'
ons now being passed upon. IL was
very irregular proceeding he thought
though he felt sure Mr.. Lore intended
| none.
Case Of Huppman Il Co, vs.. DAME
| Colwell Rodney for plaintiff and Lor,
for defendant; Judgment for plalnti II
amount to be- named by counsel.
Case of Phillip G. Plunkett vs.. DAME
| Colwell /; Turner & Sharpley for plaintii
and Lore for defendant judgment TO
plaintiff, amount to be named by coun
sci.
NieIds for plaintiff and Gray for defen
dant judgment for plaintiff, amount
be named by counsel.
Court then at5.26 adjourned until Tuei
| dav at noon