Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1883-12-20

J. Ii Hoffscker, Jr., Rsq who repre-
rented other of the heirs, coutended that
the superior court had no jurisdiction
xld that the CASE must bs passed upon by
the court in chanoery.
At this point of the proceedings the
Lists were brought 10 To be sentenced.
After the eentencs WAS pronounced, there
was considerable argument on minor
matters until 6 80 O'Clock, when court
adjourned to Saturday morning.
Saturdays session OF court opened
at 10 O'Clock, and the entire time was
taken up with motions and Arguments to
Set motions and Judgments aside, none of
which we're OF any public interest.
On motion to set aside an affidavit in
one Of the cases OF mechanioB' lieu az ainst
James III. Aaron, which was argued by
Benjamin Nields, Esq the court decided
that the affidavit could not be admitted,
as 1t did not contain suficiency of
defense.
The motion of l. G. Grubh, Esq, to
qussh the indictment in the case OF
George s. Hagsny, Jr., was held under
advisement by the court, the Judges
serious consideration.
An interesting argument took place be-
tween Charles B Lore, Esq, aud Levi C..
Bird, Esq, invoisipg the right of
married woman to use the first name ol
her husband, tue facts Of this case being
as follows: Mrs. Dorsey, who for some
time kept school in this nity, IL
is alleged was indebted to a party
VINO had taught French for her.
He obtained judgment before justice
of the peace against her az Mrs. Bsnja-
min H. Dorsey, aud under that judg.
ment Constable Priiohett levied upou her
goods.
Mr. Lore made application to hav, the
judgment set aside, on the ground that
the defendants name ia not b. Ii but
Mrs. Harriet Dorsey, and spoke IN his
usual able and eloquent manner in sup
port of the motion.
Mr. Bird contended that as the lady
had advertised her business in the news
papers as Mrs. b. H. Dorsey, and used it
on her signs snd business notices, that
was the name she was known by. and
the only name against which the judg
ment cOuld be directed. The court held
the matter under ad dvisement and at ]
O'Clock adjourned until 3 O'Clock in the
afternoon.
At the afternoons session of cour,
opened at 8 O'Clock. Judge Woottep hev
ing gone home on the / o'clock train The
Chief Justice and Judge Houston presided
Benjamin Nields, Esq argued in favor
of his motion for an arrest OF judgment
IN the mschsnios' lien on the Browntowr
property OF James Il. Aaron, in which
veroict was rendere1 few days since in
favor of Duncan Brothers. After hearing
the argument, the court decided rot 10
grant the motion.
Liiburn Chandler, Esq moved TO have
Judgment that had been obtained
before justice of the peace on forth
with summous against Edward McCul-
Tough, set aside, but the motion was
overruled, and on motion of Willard
Salisbury, Ji., Esq, the Judgment was
recorded.
The water commission business was
then brought mp by George Gray, Esq.,
who moved tha: judgment be entered
against the defendant in the quo warranto
sui. of Lewis Paynter, Ceser A. R ldney
aud William 7. Porter vs. David Il. Coyle,
B. McIutirs vs.. David II Coyle.
Mr.. Gray said that this action wac
taken after conterring with counsel for
the defendant, who would now fle their
writs OF error aud take the cases to the
court Of errors and appeals for argument.
There being no further business the
court of oyer and terminer was adjourned
without day, and the court OF general
sessions until the first Monday in Feb
ruAy.