The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-10-03
THE ANSWER.
The Defence of the Levy Court Majori-
ty to the Mandamus Proceeding Be-
fore the Superior Conrt. A Damag-
lug Document to tho Tax Collectors,

lug Document to tho Tax Collectors.
The following is the answer fled by
Mr.. Bradford yesterday In the man
damus case:
The joint and several answer oil
Richard G. Buckingham, David T.
Hutchison. Robert b. Simpler, John
W. Jolls. James II. Clark and Paul
Gillis, six OF the named defendants,
on behalf of themselves and the
Levy Court OF New Castle county to
the rule to show cause granted in the
above entitled cause.
And now before the said court come
the said Richard G.Buckingham.D David
P. Hutchinson, Robert b. Simpler, John
w. Jolls, James H. Clark and Paul Gill
lis, six OF the above-named defendants,
and on behalf of themselves and the
Levy Court OF New Castle county, for
cause why writ Of rnandamus should
not Issue against them and the above
named Isaac N. Grubb, Henry ID. Hick.
man, Samuel Killgore, Robert Sutton
and Andrew 3. Eliason, commissioners
of the Levy Court Of New Castle coun-
ty, according to the prayer of the petit
tion filed In sad cause show as follows,
to WIT;
First. These defendants admit that
the said George w. Mckee was in the
year eighteen hundred and ninetyhuly
appointed by the Levy Court of New
Castle county at the February term
thereof, collector of county taxes for
the Southern District of Wilmington
hundred, In New Castle county afore-
said, laid for said year, and that after
his said appointment, to wit, on the
fifth day OF May, A. D.. eighteen hum
dred and ninety, the said relBtors, J ohm
A. Cranston and Charles Mi Groome,
together with the said John Mealey,
Henry Blouth. John @. Fahey. John L.
Malone and David bangle became
sureties Of the said George w. Mckee
on his collectors bondEin the sum OF
one>hundred thousand dollars. given
for the faithful performance OF his
duties as collector of taxes as afore.
said and that said bond with its ac-
companying warrant of attorney was
duly signed by the said George w. Me-
Kee and by all OF said sureties, and
was duly delivered to and approved
by the said Levy Court, as set forth In
the first paragraph Of said petition.
Second. These defendants further
admit that Judgment was entered In
said Superior Court in and for New
Castle county aforesaid upon the above
stated bond by virtue of the said war
rant OF attorney on the eighth day OF
July, A. D., eighteen hundred and nine.
ty, in the said sum of one hundred
thousand dollars, In favor Of the State
of delaware, and against the said
George w. Mckeesand his said surleties,
said Judgment being number 293 of the
May term, A. D., eighteen hundred and
ninety. as set forth In the second para.
graph of said petition.
Third. These defendants further ad.
nit that on the fourth day OF June, A.
| D., eighteen hundred and ninety-onc
a writ OF execution was issued out oil
said Superior Court in and for New
Castle county upon said judgment, di.
reeted to the sheriff of New Castle
county, for an alleged balance claimed
to he due and unpaid thereon of eigh.
teen thousand, fourhundTed and sixty.
one dollars and seventy cents Will
under said execution the said sheriff
levied upon the goods AMI chattels OF
said REALTORS and other sureties, as SET
forth in the third paragraph of said pc
tition.
Fourth. These defendants further
admit that after the issuing OF said exc
cution and the making of levies there
under as aforesaid the said Geo. w
Mckee collector of taxes us aforesaid
did on the seventeenth day of Septem
| Der, A. ID. eighteen hundred and ninety
one, pay to John L. Dickey, county
treasurer for New Castle county afore,
said the sum of seven thousand five
hundred and sixteen dollars and seven,
ty.three cents and these defendants
further admit TINT on the day and yeai
last aforesaid the said George w. Nc,
kee collector us aforesaid did Day to
the sheriff OF New Castle county all
costs accrued upon said Judgment and
execution as set forth in the fourth
paragraph of said petition.
But these defendants do not admit,
but on the contrary deny the other al.
legations contained IN the said fourth
palagraphin the said mannerand form
as the same are therein set forth; and
in answer thereto aver that the SAID
sum OF seven thousand five hundred
and sixteen dollars and seventy three
cents so paid to the said John L. Dick.
ey. county treasurer of New Castle
county, as aforesaid, Mas apparently
in full payment for The balance due
for county and poor taxes for the year
| eighteen hundred and ninety from the
said George w. Mckee, collector as
aforesaid, as then shown nv the books
Of the county treasurer, and also oil
interest thereon in the sum of one hun.
dred and four dollHrs and seyenty-nine
cents, from the twenty third day of
June, A. b., eighteen hundred and
ninety-one, in accordance with reso.
luton OF the said LoYy Court adopted
on the day and year Inst aforesaid re-
curing the payment of interest on all
balances due from collectors from and
after that date, and also of the amount
due ior collection of negro school tax
es for the year 1890 made by the sale!
George W. Mckee, collector, as afore.
said.
But these defendants expressly and
postii ely deny that the said sum of
S7,5l6.73 SO paid to the said John L.
hickey, county treasurer for New
Castle county, as aforesaid, on the
18th day of September. A. d., 1891
was in full payment OF the balance
due from the said George w. Mckee,
county collector, as aforesaid, for
county and poor taxes for 1880 and of
interest thereon, as aforesaid, and of
tho amount due for collections of me-
gro school taxes for the year 1890. And
these defendants, ON the contrary
aver that at and Immediately before
the time OF the payment by the said
George W. Mckee, collector as afore
said, to the said John T. pickey,-
county treasurer of New Castle county
as aforesaid, of the sum OF seven
thousand five hundred and sixteen
dollars and seventy three cents as afore
said, there was due from the said Geo.
w. Mckee, collector as aforesaid, on
his official bond. to the said John L.
Dielkey, county treasurer of New Cas-
tie county rs aforesaid, the further
sum OF twelve hundred and thirty
three dollars and eighty-five cents,
the said sum of twelve hundred and
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