The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-01-06
FOURTH EDITION WIN. B. SHARP eco,
The CASE RE-oPESED.
The Judgment In tho Case of John
4. hickey. VS.. The Republican Com
nnnv So tsfIn


Il. hickey. VS.. The Republican Com
pany Set Aside.
The Judgment In the libel suit OF
John T.. hickey. VS., The REPUBLICAN
Printing and Publishing Company.
that was obtained on the last day OF
the September term by Peter l.. Coop
er. attorney for Mr.. Dlckey, was set
aside yesterday afternoon by Judge
Cullen, In the Superior Court.
Yesterday was the time SET for hear
ing argument ON Senator Higgins
motion, on behalf of the Republican
Company. for rule to show cause
why the judgment should not DO set
aside, ard Messrs. Higgins sand Church.
man were in court promptly. Neither
Willard Salisbury or Peter L. Cooper,
attorneys ior MIR. Dlclley, were pres
sent.
Senator Higgins Informed the Court
that he had notified both OF these gen
tlemen that the case would be ar
gued. and that he had also telephon.
ed to Mr.. Salisbury just before com
ing into the court room. Messengers
were sent out In search OF the missing
attorneys, but failed to find them
After waiting fer some time Judge
Cullen became impatient and said:
II don't think it is right for mem
hers OF the bar to treat the court IN
this way. don't think 1t is proper re'
sDeet for the curt Whom attorneys
cannot come to the court on matters
of business without special notice 1t is
time for the court to take cognlzance
OF the maiter.'
Senator Higgins again called atten,
ton to the fact that lie had notified
tile attorneys for the plaintiff to he
present, and they had promised to do
SO.
After waiting awhile longer Judge
Callen took up the subject of the rule
and said that if judgments had been
granted IN the sumo way rs IN this
case, they had been granted Incorrect
ly. He then READ from certain statu-
les showing that tboy did not apply
To this case. Judge houston agreed
with Judge Cullen.
Judge Cullen said hts recollection OF
| the case VIVA that Mr. Cooper applied
tor the Judgment and said that it was
under an act Of the Genera assembly,
| The court had relied OH Inc correct
ness OF that statement aud had grant
ed the application. Headed that the
custom of obtaining Judgments oil
those grounds must lie broken UP.
The Judge held that the judgment
| must be sct inside, the case feopened
and tic defendants given the oppor
tanity , furnish special bail. Whei
this is done the case viii so on th'
| tlial list.
lie suit was begun by writ Of ca
| rias upon an affidavit OH an action OF
libel. The plaintiff filed no copy o
his cause OF action, as Indeed h
| could not in such Il case unaer til
statute. which provides Tor taking iudg
inent Mt the first torn for want of Al
affidavit of defence in suits upon bo0I
accounts. notes, bonds and mortgages
Neither could Judgment be epicre,
t:r want OF an appearance upon Him
of declaration by the plaintiff, FOR tin.
could be done only in II case whcrI
the suit WIGS begun 5y a writ OF sum
| mons.
Just as Judge Cullen made his deci
sion Mr.. salisbury came in, and learn
ing What had been done asked that al
opportunity be given Mr.. Cooper /,
present argument to the court, which
was agreed to.
court th"nadiourned until 10 o'clocl
this morning.