The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1879-08-22
THE CRY. 8 LEGAL BUSINESS.

Julius Krauspe, = 9345
Estate Of Lewis Rumford 20 50
+, THE CITY. . LEGAL BUSINESS.
THE CITY soLICIToR's REPORT OF HIS
work FOR THE YEAR.
At the regular meeting of City Coun-
Gil, last evening, the annual report of the
City Solicitor was presented and ordered
to be printed. The document is as fol-
lows:
. WILMINGTON, Del, July 7, 1879.
TO The City Council of Wilmington:
GENTLEMEN IL have the honor to
submit the following report Of cases in
my charge for the year ending, July 7,
1879: '..'
following cases have been d sposed
Of during the past year: III. p 3.
The Mayor and Council of Whining
ton us. 5. G.. Simmons Il Bro. and W. X.
Il Il. Cause, No. 8, May Term, 1879.
This was an action upon the case to
defendants Of the wharf at the foot Of
ratnall street. The case has been set
tied by the payment 20 the city of 500
and all costs.
Patrick Magarity us. Mayor and Coun-
ell of Wilmington, 1888, May Term, 1878.
Case.
This was an action to recover DANA
ges for the flooding If the plaintiffs prop
erty, caused by raising the beds Of the
streets, and the defective construction of
the Monroe street sewer. The case was
red at the last term of court and result
ted in verdict for the city. As the
case is Of great importance and value to
The city, l would suggest the proprietry
OF having it carefully complied aud print
ed, together with the charge of the
court. / take this occasion to acknowl-
edge the valuable services Of e. G.. Brad
ford, Jr.,. Esq, who assisted me in the
trial Of the case. ..'.
Anton Henxe %. the Mayor and Coun-
Gil Of Wilmington.
This case was an action of damages to
he plaintiff, caused by stepping into a
hole between gutter plates. The case
was one of clear neglect on the part of
The city's employees, and was settled by
The payment by the city Of $500, which
.um included costs.
Albert D. Vandaver D. B. A. us. the
NJ. q. of Wilmington, $50 NJ. 7, 1878, ap-
peal from the Mayor.
This case was an appeal from the judg
lnent of ex- Mayor Whiteley upona charge
Of violating the city ordinance prohibit
ng the IN .nufacture or sale OF oils OF a
certain fire test. Judgment was render
ed against Mr.. Vandever for $50 and
costs, at the last term of Court.
The following cases are pending In
the Superior Court
Elijah and Mary Harris vs.. the Mayor
and Council OF Wilmington-221, NJ. T.,
1878. Case.
Every preparation was made for the
trial of the case at the last term, but the
court adjourned before the Case could be
reached in the order fixed for it by the
court. It will it all probability be tried
at the ensuing term.
James Megary, d. B. A.-342, Nov
ember Term, 1878, appeal.
This i, an appeal from . judgment
endered against the appellant for viO-
lation of city ordinance prohibiting the
keeping Of disorderIy house. l ex-
pect to dispose OF 1t at the next term.
William A, Mu ply; ct. al. vs.. th'
Mayor and Council OF Wilmington.
The Court. of Errors and Appeals.
Appeal. a.' 80
/, This case was argued before the Chan
eellor at the last September term /; at
the following May term the Chancellor
rendered bis decision in favor of the
city. The plaintiff prayed an appeal,
and the case Is now pending in the Court
of Errors aud Appeals. As the rules Of
that Court require the briefs of counsel
to be printed and copies furnished each
member of the court and opposing coun-
sci, ask that authority be given me for
that purpose. 1t is is expected that ar
guments upon the appeal will be had at
tue January term ofCourt.
y James Bennett vs.. Mayor and Council
of Wilmington, .4.-. ...
In chancery. Injunction.
This is-a bill filled in chanc 'ry for an
injunction to restrain the city from col
iecting an assessment for curbing and
paving in front of Mr.. Benefits proper
ty on New Castle avenue. A motion
wa, made on behalf of the city to dis
miss the bill as the bill was too general
in its form, and that the court had not
jurisiiction. Argument upon the mo-
d ion was heard by the Chancellor at
Dover in March last. The Chancellor
aas delivered no formal opinien, but has
written to me that be will not dissolve
the injunosion until the final hearing,
but the complainant is required to amend
Ills bill. This has not yet been done, but
1 presume the case will be at issue by the
next term. ... -.i5 s,4.5 ~ ...5 = ri
Arthur II, Grimshaw, ct al, security
of Joseph L. Kilgore us. Mayor and
Council OF Wilmington. i-T
THIS case is in charge of Mr.. Cummins,
my predecessor,and has not yet been dis
posed of. ~ The appeal from the decision
Of the, Chancellor has been docketed in
the Courts VI Errors and Appeals. The
,vuestion Of the validity of the judgment
entered up on the bond of Dec. 81, 1870,
has been argued before E. T.. Bradford,
Jr., Esq, who was chosen as an arbitra-
tor. Il am informed that the decision,
when made, will dispose Of the whole
case. IL 10 rLl4At 90. -1I -l.-- w.. -
submit herewith copies of the several