Evening journal., 1893-12-14
CASES MUST BE TRIED.
Lycoming Policy Holders VIII
Have to Defend Themselves.
LOPER CASE REPORTED SETTLED

He Was Ipjured While ofiinE Machinery
IN the Diamond State Iron Works.
Argument on Certiorari This Morn
ing.
In the Superior Court yesterday after
noon Francis H Hoifecker asked for pub
lication of the finding Of the com
missioner appointed to take testimony In
the divorce case OF laura +. vs. George
p Baldwin. The publication was ordered
and WAS favorable TO divorce. Hoifecker
& Hoheoker represented the plaintiff.
The respondent was not represented.
Francis NJ Walker was the commissioner.
The court informed Messrs Fulton and
Nields, counsel In the case OF the lycom-
ing Fire Insurance Company, use Of John
II. Beeber receiver, VS.. the New Castle
policy holders, that It could not come to
any agreement on the application Of the
defense TO amend. Judge Cullen Is not
sitting In the case, as he was. before his
elevation. counsel for the Sussex county
policy-holders and Chief Justice Lore
and Judge Marvel disagreed Conse
quently the application TO amend was
not granted on the last plea.
Colonel Nelds Withdrew all the pleas
and will put in all but the last one, to
gether with an affidavit under the
statute Mr. Fulton objected TO this
but the court sustained the colonel The
latter said he was ready TO proceed with
the trial. Mr. Fulton said he was not, n
the pleas were to be withdrawn. The
cases were carried over to the February
term under peremptory rule for trial
Colonel Nields said that be would Gle his
pleas in a few days
Walter II Hayes, associated with
Colonel Nields In the cases, gave Mr.
Fulton notice that he would file an
affidavit requiring the plaintiff to give
security for the costs in the cases
The jury was discharged until next
Monday morning at 10 o'clock
The case of John j. Gallagher VS.
James Rodgers was on motion Of Mr
! Hilles, put on the trial calendar for
Thursday, December 81 instead Of Mon
day, December Is.
Cornelius Desmond, a native Of Ire
land, was granted naturalization papers.
To Clear on the Docket.
On Friday sof next week the Superior
Court will adjourn for the Christmas
holidays. IL will reconveue on Tuesday
January 2, and remain in session unit
January 10 On the 1eth the iudgei
VIII 90 10 Dover TO hold the Court ol
Eirors and Appeals That will consum,
about week When it adiourns the,
will return to this county and sit con.
tlnuously in the November term unit
the February term begins. It is likell
that the February term will continue
into March or April, and possibly TO thl
beginning OF the May term. Judg
Cullen will sitin the Orphans Court o
Sussex county in March, but Chief Jus.
tice Lore and nudge Marvel will be abl,
20 conduct the business here in his ab
sencs.
This morning ex.Attorney- Genera
John Biggs announced settlement of tn,
case of James Loper VS. the Diamou,
State Iron Company. He represente,
the plaintiff William G. Spruanoe appear
/ ing for the company. 1t wa
an action for damages to recove
for injuries sustained by falling from
gangway on which Loper was walknl
while oiling machinery on October 81
1892 The figures of the settlement ar,
not made public but are satisfactory 4
all persons concerned
Colonel Benjamin Nelds and H. II
, | Ward argued the certiorari case 0
| Esther Cunningham, defendant below
VS.. John Dickson. & The suit was begul
/, before justice Of the peace and wa
, ceriiorsried at the September term
! 1856
/ A statute passed in 1881 required jus
. tices of the peace to set on their docke
! the hundred in which the defendant re
, sided In this case it was not set out
! Mr. Nields contended that the justice O
the peace had no jurisdiction because h
did not set it out
Mr. Ward contended that the statut
! passed in 1887 repealed that and pro
! hibited the court from deserving iudg
4 ment given by Magistrate Bertolette.
: The court reserved its decision
~ Argument of the ceriiorari in the cas-
/ of Thomas Mulrooney vs. Joho CLOUD
s, was fixed for tomorrow morning at 1
! o'clock, to which time court adjourned.
The decision that the court made yei
= terday in the Lycoming Fire Insuranc
! cases did not decide anything except tbs
the cases must all be tried 9
the February term, and that tn
case in Dover tried in 1887, did not settl
nything in that particular case. A
the numerous defendants. II the case
" 90 against them. will be liable to sustai
damages