The daily gazette., 1880-01-02
and vacated, returnabls at the Nov.

1 was employed by your body, through
It's Finance Committee 10 represent the
city In this action. After ondeavoring
TO have the case properly presented for a
hearing before the court, il was, on the
23d day Of April, 1870, thou sht best by
the court aud council TO have the whole
SUBJECT matter referred, and II was ac-
cordingly agreed that the questions aris.
ing under the rule Of cour. In said cause
should be heard, cons dered aud deter
mined by Edward g. Bradford, Jr., ESQ.,,
as the same would be heard, consider
ed AID determined by the Superior
Court Aforesaid.
The bond upon which this Judgment
594 Of the Nov. Term, 1874, was enter
ed, was executed, on December
3lst, 1870, aud was given for the
term OF Office which expired, Dec. 3lst,
1871. The judgment therein was not
entered until January 9th, 1875, more
thantwo years after the expiration Of the
said term Of offic and tue ground upon
which said judgment was sought 10 be
set as de was, that NJ action was taken
upon the bond until ,fier the expiration
Of two years from the accrtling OF Tn,
statute, sec IL Of chap. 1923 Of the Re-
vised Code, rage 729, which reads:
mo action sbalI be brought upon any
bond given tn the President, directors
and company OF any bank, or to any
corporation, by any officer Of such bank
or corporation, with condition for his
good behavior, or for the faithful dis
charge Of the duties Of his station, or
touching the execution of his office,
against either the principal or surelies
after the expiration of 2years from the
accruing Of the cause of such action.'
Tic questions Of law Involved In tn
case were many and OF much interest a.
the city aud Community. Soms of the
points considered, IL is believed had noi
been before anjudicattd d upon. Full
Judgment was had before the referee,
who, after IHsturely considering the case
~ Presented 70 him by the counsel OF
both sides, made an able and lengthy
report, which the Superior court a. the
November term, last pas; conti med.
That report, of which the accompany
Ing IL a copy, was deemed OF sufiieieDi
Importance TO be preserved In PRINT.
IL will be seen that.th referee Il, cides
10 favor Of setting asidethe judgmei OF
the ground that Grimshaw, the limo
cent surety, and the defe ndant in one OF
the judgme Dts entered severally, is en-
titled to the protection of the statutory
bar, the equities between him and Tire
city being equal, and he not having
bee n guilty of laches or unreasU nable DE-
lay in making his application TO have
judgment set aside.
From the opinion Of the referee, II
Killgore had applied TO have the judg
ment against him set aside, it would Lot
have been granted-but this being
Judgment entered, not jointly against
The principal and his surety but singly
against the surety, his application IL
granted and the Judgment against him
Ia set aside for the reasons stated.
The right ofthe city to recover the
judgment for 81 $780, ON the first bond
rs thus denied. The chancellor made
perpetual the injunction restraining the
execution OF the Judgment for S2,O07.52
on the second bond. from which decree
appeals are now docketed In the Court
OF Errors and Appeals.
L am OF the opinion It IL not advisable
TO prosecute those appeals. The reason
for so doing, no longer existing-and
that it will be for the Interest of the city
to have them discontinued and pay the
costs thus far accrued.
l therefore respectfully ask that yonr
Honorable body, by resolution or other
wise, authorize me to discontinue the
oAlho huh Pano hh OidOA iOh bhG pay lhtui
Of the costs together with the entire
costs and expenses herein below stated.
WILMINGTON, Del, Dec. 81, 1870.
WALTER CUMMINs.
Cost of The cases in Court Of Errors and
Appeals -
Mayor aud Council of
Wilmington
vs..
Arthur II. Grimshaw....Sl7.S4
PAID by city on account. 900 5 1884
Same appellant
VB.
Patrick Holland. ......... 1884
Paid by city on account. 800 1884
Costs; judgment 594, Nov.
T. 1874; NJ. s. o. of vii.
Us. .Grimshaw andrule to
set same aside. ......... 1475
Costs one half printing ~
opinion Of Referee...... 1910
Costs of enc half of Ref
eree's Zee, paid equally
by both parties. ....... 5000
Professional services reh-
dered by W. CummiDs... 10000
Balance due S2C5.83
a WALTER CUMMISs.
The Communication was accompanied
by the report of Il. g. Bradford, Jr.,
Esq, Referee, an epitome of which has
been published.
The communication was referred to
the Law Committee, and In reference TO
its closing suggestions Mr.. Tay lor ftered
the following which was adopte d.
ResoiUed, That Walter Cnmmins, Esq,
late City Solicitor, be and he Is hereby |
authorized to discontinue the appeals |
now pending in the Court of Errors and |
Appeals, in relation TO the suits of the |
Mayor and Council of Wilmington
against the sureties of J.. Kiilgore, late |
City Treasurer.
Mr.. Carmichael presented com muDi- |
cation from his Honor, NJ ayor Almond,
and VIM. j. Maxwell, Chief of Police, |
showing tue collections Of the police of |
fce for the year 1877 to have been as fol |
lows:
FROM nneS.. .''.s......s...9l,Z ,ZOi IL
dog tax,.. 0O2OO
meat licenses. .......... 4l6OO
+" show licenses, 1b6.O0
impounded cattle. ... 6365
Z" dog tags. gs................... 3.73
--
Total. ,7O7 Al
Mr.. Mention presented petit on from
Edward Rogers and and OJhers, asking
for curbing, paving and Ruttering on the
west side OF Van Buren, street, from
Front m Third Referred to the Street
Committee.
On motion of Mr.. NJ erris Tay lor, 1t was
ordered that whom Council adjourn il be
to meet at 1880 o'clock on Friday eve
ming Ia order to pass the ordinance maxi
ing appropriations for the year 1879,
which was not yet complated.