Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-01-11
DIVORCE CASES IN COURT.


Singer Sewing Machine Company VS..
Mary Carrie Silcox and Mary Ziegler,
Francis II. Hoflecker asked for judgment
with costs for want of appearance. The
court ordered the entry made.
Mr.. Hoffecker asked for publication in
the divorce case of Lucy b. Hayes vs..
George w. Hayes, which was allowed.
In superior court Friday morning, the
certiorari cases Of William Lawton and
others VS.. the j. Barley Brothers were
called up for argument. Judgment was
obtained by the plaintiffs in the court
below and the defendants certioraried the
cases to the upper court. Harry Emmons,
representing the defendants, asked that
the judgments he reversed, on the ground
of formal defects in the magistrate
records. The records had been altered so
as to conform with the constable's return,
the belief being that the action was legal.
Thomas DAVIS appeared with petition
for the sale of $50 bushels of corn, which
had been attached in the custody of John
Ellingsworth Of Black bird hundred. Deci-
sion was reserved.
The case Of Adelina Shockley VS.. the
Mutual Beneficial Loan Association was
continued, on motion Of Walter II. Hayes,
with leave to amend.
Edward G. Bradford filed demurrer to
the pleas offered by Lilbnrne Chandler in
the libel suit Of George s. Butterworth VS..
Joseph ID. Conroy. The suit is for So, 600.
1t is contended that Conroy wrote letter
in which he alleged that Butterworth was
an embezZler; hence the suit. The de-
murer was filed to the first and second
counts. Leave was granted Mr.. Chandler
to amend and the demurrer falls.
Willard Salisbury, Jr., asked for dis
missal of the appeal in the Mahaffy will
case. Mary n. Mahaffy died, leaving ex-
Marshal Henry U. Mahaffy, son, and
Mrs. William H. Hawkins, grand
daughter, as the nearest surviving rela-
tives.
Mahaffy applied for letters of admins
tration on the estate of his mother, vino
died intestate. Mrs. Hawkins, the grand
daughter, opposed this, and asked that the
Equitable Guarantee and Trust Company
be, appointed in his stead. The case was
fully heard in the semi-prlvacy of the
chambers of Register OF Wills J. w. Cooch,
who decided that the sou was the proper
person to administer on the estate. Coun-
sci for Mrs. Hawkins took an appeal, and
rather than have the affairs of the family
aired in open court, made motion for the
dismissal of the appeal. The court or
dered that the expenses be paid out of the
estate. Philip z. Churchman represented
Mahaffy.
Iii the divorce case of Lucy 3. Hayes vs..
'NpAFS W : 10y VIC commissioner ACN-
commended the granting of the divorce.
Hotfecker Il Hoitecker for the petitioner
and William s. Hilles for the respondent.
In the case of Laura II. Baldwin VS..
George p. Baldwin, the commissioner
return was favorable to granting the
divorce. Hoffecker & Hoffecker for the
plaintiff.
The divorce of Coleman VS.. Coleman has
not yet been granted. The late Frank ID.
atGa
case, and upon his death Hugh G. Browne
became commissioner. The return was
made Friday morning, but no action was
taken. e. II. Cochran, Jr., represents the
petitioner.
The superior court convened at 8 O'Clock
Saturday. Edward G. Bradford, in the
mechanics lien case of Perkins admins
traitor VS.. Ida Carr Wilson, asked that the
exceptions be dismissed and that judg-
ment for the plaintiff be entered. u. X.
Lodge opposed the motion, and the case
went over until January ed.
DIVORCE GRANTED.
Commissioner II. C. Brown has made
his return in the divorce case of Frances
l.. Coleman VS.. Charles Emory Coleman,
and the commissioners finding is favor
able to the divorce. The court, therefore,
granted the divorce. E. r. Cochran, Jr.
represents the petitioner.
The decree of divorce in the case of
Laura Il. Baldwin VS.. George z. Baldwin
has also been granted. The commissioner
was Francis NJ. Walker. The respondent
made no appearance, it having transpired
that he was in durance vile. His place of
abode is West Chester Jail.
TROOP B ARMoRY AGAIN.
Peter l.. Cooper, Jr., counsel for Troop
B Association, asked for rule to show
cause why the sale of Troop b armory
should not be set aside, on the ground Of
was sold under the sheriff's hammer for
$4,000 a month or so ago. under the
States mortgage of that amount with
interest. John H. Rodney represents the
State.
Mr. Cooper called John Mulvena. who
testified that he built the armory and that
it was worth $4,000. He held mortgage
on the property for $4,000.
Hubert Cassidy said that in his opinion
the property was worth SIG, 500. He said he
would not give that sum for it, however.
Captain t. l.. Rice, Jr., testified that he
had an offer from the lodge of colored
Masons and they agreed to give S14, 900 for
the armory. The consideration under
which the lodge agreed to purchase the
armory was note of $1,000 payable in 80
days aud the remaining $4,000 on mort
gage. In reply to the question OF the court
Captain Rice stated that the lodge was a
corporation of the State of Delaware and
that the offer of purchase was bona tide
one.
MIR. Rodney stated that it was his desire
to protect the interests Of the State, and as
no harm could arise by the matter lying
over until the court convened again, lie
would ask that the rule be continued. Mr..
Cooper offered no objection.
The court ordered the sheriff, on appli-
cation of Thomas Davis, to sell 450 bushels
Of corn, attached in the hands of John
Ellingsgood OF Blackbird.
REQUEST FOR WITNESS FEES.
Edward g. Bradford, representing the
witnesses in the divorce suit of James c.
McComb VS.. Mary McComb, said the wit
nesses had never been paid, and there was
10 court record OF them. He asked the
courts permission to refer to the testi-
mony taken before the commissioner, in
order to make up an estimate of the fees
due each witness in the case. The divorce
was granted by the General Assembly at
Dover. The court granted the request,
Court adjourned until January 22d, at
II o'clock, noon.
Was "A Native of Delaware.