The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-07-18
ECCLES vs.. THE CITY.
JUDGE BOYD aRAN1sAN INJUNCTION
50 that The ely viii not Have to Vay for the sam,
ThInE Twles-FOar Lawyers and SOns Other
Parties amer the Hsti,s' JstEnsHt-A
Brief history Of the Case.

The Eccles suit against the city was again
brought before public notice yesterday by
Judge Boyd issuinR an injuuC!Iou,in response
TO the prayer OF the City Solicitor restraining
various creditors Of Eccles' from collect
Ing the Judgement given him against
the city. This case has resolved itself into
lawyers scramble for few paltry dollars,
and those followers OF Blackstone who have
not finger In the pie are looking on and
making side bets as to the ultimate result,
In order that the public may understand
the situation II may be well TO review the
case briefly from tue beginning.
VIM, ECcles, ex.ChiOf OF the Fire Depart
ment, after being defeated for reelection,
presented q bill 10 Council amounting to
$l66 o., for services as electrician for several
months at the rate0f $3.50 per anuum. Soon
after E.cles commenced his second term the
fire alarm telegraph was purchased. Eccles
ut that time was trying 70 have his salary
raised to 81 900, but failed. Finally, after
the telegraph ystem had been working abont
eight months, an ordinance was nd pied
creating the office Of Electrician alta sslaty
Of $3.50 per year, the Chief % be thatoffi9ei;
thus the 81 600 was secured. At that time
he made no claim for previous services
Council refused TO recognize his bill after
several stormy sts ions had been had over II,
aud be brought suit before Justice PetermRn,
VINO gave judgment against the city for that
amount, interest, costs, ETC., amounting TO
$2l2 %. The Solicitor consulted with Coun.
Gil and the Committee on Claims, Snd II was
decided to take an appeal Mayor Miller
and Councilman Peterson were sureties on
the appeal bond. " 20
The case was tried in the Circuit Court and
Judgment again given Eccles against the city
Tor Tie original amount and interest at the
rate OF 10 per cent. Execution was Issued
aud placed 10 the hands Of the Sheriff, where
II Ia now. While EccleS was in office he was
hauled over the Goals once or twice, and had
to have counsel To two Of these, Messrs
John o. PenIleton and John s. Robinson,
and others, he assigned his Judgment aud II
was recorded In Clerk Hooks office. Before
the city would pay over the judgment II was
parnisneed By MeSSrs. B. b Doyener and II.
NJ. Russell, before Justice Caldwell. The
city made answer TO this, but on this answer
Justice Caldwell gave judgment against the
city.
aere was pretty state Of affairs, and the
CITY again decided 10 60 to Court, or rather
the Committee on Claims did, to which the
matter was referred with power to act. and
| the Solicitor was Instructed 10 pray t0r an
Injunction. In the petition itsets forth that
toe city, through Its attorney, ls harrassed
| by the threats Of the Sheriff that he will pro.
coed to sell property. That the city is ex-
posed to executions, and In view Of these
facts asks that each and all Of the creditors
be required to set forth what rigat they
each have In the money adjudged against
the city, aud that they be compelled to inter
plead and adjust their demands among
themselves, aud that each OF them be re-
strained by an order OF iujnnctioa from col
lectingit. ,..
ing bond OF $500. Sheriff Brown, John 0.
Pendl.top, Jonn 8. Robinson, James Mead.
ANS, Neill& Ellingham, B B. Dovener and
Il. NJ. Russell are epjolned from collecting
the money by legal proceedings The city
will now probably pay the money into Court
and then the above parties will settle things.