Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-10-26
BONDSMENS PROPERTY SEIZED.
Action Against the Sureties of Ex-
County Collector Dougherty.


Their Personal Property Levied Upon by
the sheriff, Mt the Instance OF the Levy
Court--why Proceedings Were brought.
II. G. Bradford, as counsel for the Levy
Court of New Castle county, on Friday
brought suit ON the bond of John J.
Dougherty, ex-colector of taxes for New
Castle county, to recover tho sum Of Sl6,-
S53.43, due the county and which, 1t IS
alleged, is the amount of the ex-eollector's
shortage.
A levy was made on the property of
Dougherty's sureties Friday last, and Mon
day the doors of the business places
of several of the bondsmen were closed.
The amount of the bond is 100000. The
surcties are William McMenamin, Hugh
Lynch, Thomas Toy, Bernard Bonner,
John McClaGerty. Joseph Stoeckle and
Augustus Beers estate,
The bond has been on record in the
prothonotary's office at the court house, as is
customary, and is regarded much the same
as ajudgment. In order to bring suit against
the sureties proceedings must be COM
menced on the bond, and execution issued
by the parliamentary to the sheriff who
makes the levy. In the absence Of Sheriff
PIERCE Gould, who is in Chicago, Deputy
Sheriff Joseph Gould made the levy.
When asked why suit was not brought
sooner, II. G. Bradford stated Monday
engaged in making preparations for the
| litigitation and did not deem it advisable
to bring suit before.
Mr.. Bradford also stated that John II.
Rodney, who now is the regular counsel
for the Levy Court Commissioners, was
counsel for several of the sureties at the
time when the old Levy Court contem-
plated bringing SUIT, and upon his appoint
ment by the new Levy Court as their legal
representative he refused to act in dual
capacity and asked to be relieved as coun-
| sci during the pending legal struggle.
Upon Mr.. Rodney's withdrawal from
the case, a committee of the Levy Court
awaited upon Mr.. Bradford, with the re-
| quest that he act as legal adviser for the
commissioners during the pending snit.
| The latter agreed to act as counsel Tor the
| Levy Court. and under their instructions
brought suit on the bond.
The fact that Tax Collector Dougherty
was short in his accounts was made
known when the collector settled with the
county two years ago, but the actual
amount has never been determined upon
by the Levy Court until now. Suit is
brought for the full amount OF the deficit
| with interest," which will be in the neigh
borhood of sls,000. 49,
The matter Of the execution on the per-
sonalty of the sureties Of ex-Tax Collector
Dougherty by Sheriff Gould to collect the
sum of $4,000 for the Levy Court is stirred
up with renewed yigor to-day. g
Deputy Sheriff Gould was out again yes
terday in regard TO the matter. He was
at the Delaware House, at Stoeckle'
brewery and elsewhere to see after ths
safety Of the personality held under the
Levy Courts judgments.
Under the execution the sheriff mus
execute the writ at his peril. The attitud,
of the Levy Court counsel is summed NJ
in the words, pay up or fight" All per
sonal property, including wagons, horses
beer, &C., is liable. Counsel is not pro
ceeding, as yet on real estate. Legal pro
estate. which is one Of the sureties, indi
cate interminable litigation, possible wri
OF error, demurrer, &c. Therefore, thel
were dropped.
Now tile Levy Court is pushing for tn
bond of $4,000