Evening journal., 1894-02-16

Is a Judgment by Default, Amount to
Bo Asoertained by a Jury Of Inauisi-
tIon, Lien Prior to the Ascertain
ment of the Amount?-Two Divorce
Commissioners Appointed.
In the Superior Court this morning the
cases OF Chielinsky vs. Hopes & Town
send and William Stuckert VS.. the Dia-
mond State Iron Company we're continued
to the May term under peremptory rule
for trial
Bsyard Heisel reported settlement
OF the replevin suit Of Edward Heiry vs..
w. H. Clark, constable. The plaintiff
was awarded judgment for costs.
Mr.. Spruance withdrew his name from
the record as counsel for the plaintiff In
the case OF David's administrator VS. the
National Dredging Company In the
divorce case Of David J. Murphy VS.
Mary Murphy, Of Newark. be reported
that Mr.. Murphy had paid neither the
alimony nor counsel fees ordered by the
court. He did not ask for an attach
ment for the money, but will probably
do so unless Murphy pays up.
The defendant in the case Of Wiggles
worth VS. the Wilmington City Railway
Company, asked for a special jury. Trial
is set for Monday. This brought up q
discussion of the matter of asking for
special jurors so soon before trial. The
court said it would so over the trial list
at 10 o'clock tomorrow morning, re-
arrange the calendar and that all special
/ Jurors must he asked for at that time
James w. Ponder asked for continu
ance of the case Of James Wood & Co
VS.. w jerks Fell. The court carried
the matter over to to morrow, when
definite action will be taken.
On motion Of John Il Rodney. repre-.
senting the state, the rule to set aside
the sheriffs sale o; Troop Armory
was continued 60 the May term.
A very Nice Legal Question.
Samuel W. McCsulley. representing
the plaintiff and Philip Q Churshman,
for Senator Higgins, counsel for the de-
tense, argued the case stated Of the Citi
zens' loan Association vs. Joseph Martin,
sheriff
The question involved was whether 8
Judgment by default, amount to be as
eertained by a Jury Of inquisition, is q
lien, prior to the asoertainment of the
amount
Mr. McCaulley contended that the
sheriff was not authorized TO pay out the
money arising from the sale of Hannah
f. Carter's property. because the judg
lment of ! 5 Custer Co, was az
interlocutory one, and was not a lieu
until the amount had been sscertained.
Mr.. Cburchman replied that the sheriff
had acted upon certificates furnished hin
by the prothonotary aud, If that were
not sufficient, it would be necessary FOL
the sheriff TO employ a lawyer to seArcl
the records every time he wanted to pal
out money.
1 S. Custer & Co.. got Judgment b,
default, but the amount was not ascer
tanned until the next term, after the loaI
association had obtained mortgage fOi
certain amount on the same property
Mr. Churchman contended that, ~
matter whether the amount o
the Custer Judgment had been sscer
tained or not, il was a prior lien and th'
sheriff did. perfectly right in paying the
money 10 the firm which had secureS
} judgment by default.
The court reserved its decision.
A jury Of inquisition in the case o
Jane T. johnson VS. the Mechanics LosI
I Association awarded the plaintiff $76
and costs. Alexander B Cooper repre-
! sented the plaintlh
Two Commissioners Appointed.
Henry Q. Turner was appointed com
missioner to take Testimony in the di
vorce proceedings Of Garrett VS.. Garrett
. and Colonel Samuel A. Macallister wa
appointed to fill similar position in IN
case of Mary l.. VS. John Johnson. Bot
appointments were made on motion o
. Peter l. Cooper, Jr., counsel for tn
plaintiffs
= Court then adjourned until 10 o'cloc
to morrow.
D Mr.. SPRUANCe ARGUES.