Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-15
A MAG1srRATE,s JURISDICTION.
A Complicated Legal Tangle Which
Puzzles Lawyers and Magistrates.

Quite knotty legal tangle, which al
ready involves the wisdom of two mngis-
trates' courts, and may yet require the
decisive voice Of the superior court came
up again, in Squire Smiths office, Thurs
day. afternoon, with little prospects of a
settlement. The parties to the complicated
suit are George Howett, John Howett, his
brother, James Little, a neighbor, and
John Eastburn, village blacksmith. All
live near Marshallton. The complex legal
problem originated in peculiar manner.
James Little some time ago contracted
debt Of s46 of George Howett, his neigh
Dor. The latter did not care to press Little
for the money and so on September 10Th
last George Howett asked his brother, John
Howett the plaintiff in the suit before
Squire Smith Thursday. TO loan him $45,
stating that James little owed him
and that IL he would loan the money he
George Howett) would give John Howett,
his brother, an order on James Little to
pay the money which he owed George
Howett to him.
John Howett discovered that Little
actually owed his brother the sum desig-
mated and agreed therefore to loan the
money to George Howett. securing in re-
turn written order from George Howett
upon James Little for the money which
Little owed George Howett.
Matters here rested for time until John
Howett and James Little, the formers
creditor met at a sale on September 22d,
near Marshallton. John Howett presented
the order from his brother upon Little for
the money and Little acknowledged its
genuineness. He asked Howett, however,
to let him have the money little longer
'' order to purchase some articles at the
sale. Howett agreed to this since Little
acknowledged the debt due, and not need
ing the money informed Little that he
might pay him at future meeting.
1t transpired that George Howett, Little's
first creditor, was indebted to blacksmith
named John Eastburn for a sum equal to
the amount Of the claim upon Little before
George Howett transferred this claim to
his brother, John. Learning that Little
had owed George Howett the sum of $40,
Eastburn garnisheed Little before Squire
Richardson to answer for the sum which
lie owed George Howett, who in turn owed
Eastburn. As soon as John Howett dis
covered that Little had been garnisheod by
Eastburn for the sum which Little agreed
to pay him. Howett came to Wilmington
and instituted proceedings before Squire
Smith Thursday afternoon, obtaining
Judgment for the full amount before that
magistrate. Little acknowledged that he
owed Howett the money, and YVES willing
to pay him, but since the garnishee action
he was in quandary as to who was
entitled to the money. Ex-Representative
Harvey ]. Whiteman appeared for Little.
and L, G; -vandegrift, Esq, has been re-
tanned by Howett.
Although Judgment was rendered in
favor of John Howett by Squire Smith,
the money is still held by Little and the
latter's counsel has raised an interesting
point as to the jurisdiction of the magis-
trate. While the Howitt's live in Christi
ana hundred Little is resident of Mill
Creek hundred. which 1t is thought in
validates any decision that may be made
against him by magistrate in an adjoin-
ing hundred. At this stage of the proceed
ings the matter rests, while Judgment has
been obtained against Little in two magis-
carried to higher tribunal, and still Little
holds the sum in full as originally con-
tracted