Evening journal., 1895-12-03
AMERRY- GO -ROUNDSUIT
Richard w. Crook and George
Densell the Part
MISCELLANEOUS LEGAL BusIEEsf

Reliance FlrsluCompapy has Reinstatsd
one Member, Hut Cash ard His Friends
Go Right ON with mandamus Proceed
inEs-william t. Lyman Appointed a
Divorce commissioner.
The Reliance Fire Company has rain
stated Charles Corbus. one Of the mem
bers associated with Joseph Cash ct al
Ia mandamuu proceedings COR reinstete
ment. This morning Josiah Marvel hled
10 the superitr Court. pstition asking
fora rule 10 show causeswhy a witt OF
mandamus In the case OF Cash and bis
associates who have not been reinstated.
The rule was granted and made return
able on Saturday. the costs having been
paid
On notion Of j. Frank Ball. Willlan
T. Lyman was appointed commissioner to
take testimony la the divorce case Of
Springer VS. Springer
Willard Salisbury Jr obtained a rule
to sell the property OF the defendant In
the case OF CLARK Va Slaughter, II having
been attached for rent.
In the case Of Miles Edward Gillen vs.
the Mayor aud Council OF Wilmington
Ls-is O. Vandegrift representing The
city. asked that the plsintih be compelled
TO give security fer costs. he being a
non resident This application was fought
by Willard Salisbury, Jr., and Levi o
BIRD. attorneys Of the plaintiff and the
matter will be argued at 80 o'clock
Tomorrow morning. dlllen Is the VII
mington City Railway conductor who
was injured by pile Of bricks alleged to
have been piled up along the tracks by
agents Of the Street and Sewer Depart.
ment
Judgment for 1884, with Interest from
March 16. 1893 was confessed by Hugh
O Brown, attorney FOR the defendants. IN
the osBe OF Sbannahan Wrightson Con
pany vs. William ID Stops and Thomas
II T Clark.
In the csse Of J. Frank Curry va the
Charles Warner Company, Colonel Bsnj
amin Nields. representing tho defendant
corporation Withdrew two indirect pless
and entered two direct pleas
William 5. Hills reported settlement
OF the case Of Rogers vs. Barlow and
Weer, and on his motion 10 was dis
continued. On his motion the case Of
Davidson w. Forests administrator
was continued for the present. Mr.. Bird
acquieselng.
Crook and Fell vs. Dsnssli.
After all this sparring for points q
Jury WAS drawn to try the foreign
attachment case OF William Fell and
Richard w Crook VS. George Dansell
In bis opening Mr. Ward tod tho story
OF his clients and their grievances as
follows Colonel Bsnj amin N elds, a.tof-
ney for Dsnsell, being his most inter-
ested auditor
"Richard w. Crook, tenant Of the
Brandy vine Springs property, entered
into contract with Mr.. Densell. de-
fendant Ia this cAse. by which Mr.
Crook leased TO Mr. Densell certain lot
Of land connected with Brandywiue
Springs, aud that lease was dated April
| @, 1891 That In addition to the provi
hlon In that lease for the lease OF this
ground and payment Of rent, there wal
also sn engagement to put up buildings
on the ground at Brandywine Springs
and maintain a merry 20 round. We
propose to show that IN accordance
with that lease he did enter
into possession of the land and did put
up the building for the merry 60 round.
.ud failed TO rpm that mersy-go round
according 10 Akfoemeuls Finally
eighteen months after the merry 90
round WAS put up. Dsnsell took II down
aud removed II and has not been running
II since. We claim damages, frat,
because Densel has not accounted
TO the plaiatif for rent due while
he was there That rent was to
be paid weekly between these parties and
WAS to be 90 per cent OF the profit OF
running the merry Ro-round, and was TO
pay Il out OF his profits. We shall Goa
tend that that rent was not paid aud
shsll also claim damages for removal and
deprivation Of profit
Charles a. Paige and Richard W
Crook we're called BY Mr.. Ward ard
testified
Judge Cnllen said that usually plat mt
ID cannot recover excepting for actual
damage prior TO the institution OF the
suit, but In case Of suit brought on q
breach Of covenant q plaintiff Gan ask for
and recover damages for the whole time
Tor which the covenant runs This wa,
followed by argument, at the conclusion
Of which the court sustained Mr. Ward
| The examination Of Mr.. Crook lasted
uutfl the Nom ad iournmapt