Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-05-29
NAY ooUKr ENDED.
Rule Day.in Superior Court Friday
Ntoruins-CIOstng business.

MofhlnN-ClOstnEk tusinchss
The superior court re-convened at l0.2 %
O'Clock Friday morning, after taking re-
cess since Monday week. Chief Justice
Uomegys and Associate Judge Houston
were on the bench. 1t was rule day, and
rules were asked and granted as follows:
BY Charles B. Lore, Esq, the appoint
ment of Henry o. Conrad, Esq, as ocm-
missioner to take testimony in the
divorce case OF John X. Dougherty VS..
Annie L. Dougherty.
by Mr.. Lore, the appointment OF VIM.
I. Lyman, Esq, as commissioner to take
testimony in the divorce case OF Annette
+. jackson va. William B. jackson.
By Henry O. Conrad, Esq, to disoon-
tinue the case Of Howard ii. Foulk vs..
Grace MoGlinohy's executrix.
Walter II. Hayes, Esq, stated that the
two cases on appeal OF the Diamond State
Loan Association, d. b. a., VS.. Bridget
Haney, p. b. T., had been settled by
Judgment for plaintiff below respondent,
for S53 in each case.
W. S. Hilles Esq, stated that the case
OF William j. Lemon Va. Charles b.
Dougherty, garnishee Of David and Maria
Lemon, had been referred to referees
named BY counsel.
Walter II. Hayes, Esq, stated that the
case Of James Deeny va. the Diamond
State Loan Association had been settled
by giving Judgment Tor plaintiff for 1929.
Deputy Attorney. general Davis entered
nolle prosequi on payment OF costs, in
the criminal case Of the State VS.. W. II.
Pierce, whose mental condition was de-
! fective.
willard Hall Porter, Esq, asked for
\ judgment for the plaintiff in the case Of
Charles w. Winn Il Co., ys, W. II.
| Robinson.
Judgment in the case of Ella McAwee
vs.. Elizabeth McAwee, Administrative OF
! Allen q. McAwee, was refused, awaiting
argument at the next term of court. The
sc,ion is on an unsigned paper for 5000.
Deputy Encouragement Davis for plain.
tiff; W. y. Rilles, Esq, for defendant.
The divorce OF Ida Il. Courtney VS..
Oliver II. Courtney, was granted on the
| application OF Judge j. Frank Ball.
Willard Hall Porter, Esq, was commits
sioner.
Il. Ii. Ward, Esq, and Walter Bacon,
Esq, representing the respondent, made
| application for alimony in the divorce
case Of John Il. Dougherty Va. Annie E.
Dougherly. She had been drawing $50
81
by her husband, but her com.
sci Understood that this would cease on
July LIST. Mr.. Lore, who represented
mir. Dougherty, stated that his client was
in South America, working on salary
and providing well for his wife and six
children. This he would continue to do
until the case WAS decided. This ar
ranRement and On allowance by the court
I ~ FA-
Ward and Bacon.
Charles Is. Lore, Esq, asked leave TO
give special bail in case Of bond given
to the sheriff. The case was held under
adviasmens.
An interesting case involving new
points in tae law OF foreign attachment
was discussed at the close OF the session.
John II. LOngstreet, owner OF the prop.
this city, was the defendant. George
W. Elliott, Esq., represented .he
plaintiff and Benjamin Nields, Esq,
the defendant. His property was levied
on last March, on a foreign attachment
for about 1926, Mr.. Longstreet then living
in Philadelphia. In April MIR. Long
street removed to Holly Oak. The plain
tiff, learning that amcrtgage on the prop
levied on two horses, some harness, 90,
that MIR. Lougstreet had brought down
with him. This was on May 17Ih.
MIR. Rields asked for rule di9Rolving
the latter attachment, because no foreign
attachment could be put GU resident Of
the state. Mr.. Elliott stated that it was
not legal residence, but one only for
certain obvious rsasons. After each
side had presented its view OF
the case, John IL. Longstreei
was put on the stand aud pwora to NOV
ing to Delaware on April 23d, with the
intert!on OF making ii lily Oak his resi-
dence. He stated on cross examination
that there was a mortgage Of 1874, 900 on
the property, but six lots on which
houses had been built had been released.
On these houses there was separate
mortgage OF i 1000. The plaintiff had
paid the taxes OF $lG7 80 for 1859, and
the amount had not been returned to
him.
Milton j. Edmunds, with whom MIR
LonRstreet boarded, testified TO the fact
William just gave some evidence regard
ing the time spent ia Holly Oak by Mr.
Iongstreet. he never spent SUNDAY
there. The case WAS leId il advisement
At LIS O'clock, court was adjourned
sine die.