Evening journal., 1896-12-09
CITY CASE DELAYED.
Discrepancies in the INarr Re-
tard Proceedings
IN EWING AGAINST THE CITY

D. w. BANKS OOlNSEL CONTENDS
THAT WHITE BROTHERS" CAN
NOT HOLD HIM FOR A DEBT DUE
-. r. WHITE & BRO"
When Superior Court reconvened
this morning. aii the jurors were pres
ent and nsr OF civil triais was begun
that promises to extenu We'll mo
January.
Leonard E. Wales. Jr.. counsel In
the case of the frump brothers Ma
chime Company VS.. the Oiagraph Com
pany, was granted a motion To Obtain
judgment by jury on thursday Wal
Ter A. Hayes applied to have the case
OF Martha j. Stroud VS. the Equitable
Guarantee and trust Company, put on
the calendar. Decision was reserved.
William F. Kurtz moved for general
leave 10 amend his pleadings IN the
case OF Gottleib 5. schneider vs.. Al
bert H. Angerstein, but Tilghman
Johnston objected to such leave being
granted until he had seen the amend
ment, as this case is set for trial to-
morrow. The court stated that I'm all
cases amendments must be produced
with the motion for leave TO amend.
William r.. Smalley represented
White Brothers, and Joseph Marvel.
Tor John w. Banks. began argument
before the court In the case OF White
bfothers, d. b. a., VS.. John W. Banks,
p. b. r. This case originated from a
deDt OF $45.46 owed by Banks to j. Il.
White and Henry c. White, trading as
j. f. White a Bro, who afterward dis
solved partnership and subsequently
reorganized as White Brothers. The
latter firm then contracted n debt with
Banks and the latter attempted to col
lcct hy process of law and succeeded
IN securing such process White Bro
theis demurred because of the old debt
against Mr.. Banks, but Magistrate
Sasse refused TO grant sct-om and the
case was appealed TO the Superior
Court
Defence contended that they were
not bound I'm the same right al law 10
White Brothers, the now firm. as to j
f. White a. Bro The court will not
decide upon the case until tomorrow
morning at 10 o'clock.
William S. Hllles filed his pleadinqs
In the judgment case TO be heard he
fore a jury tomorrow morning at 9
o'clock.
DAMAGE CASE AGAINST THE CITY
Horace G. Knowles and George A
Elliott, representing the Mayor and
Council of Wilmington. In the damage
sult OF Luther W. Ewing ct an, against
me city. .made4a motion TO strike out
me language of the narr, and Tilburne
Chandler asked 10 amend further. but
the court held that to do this a separ-
ate paper must be drawn. and the pro
ceedings were thus delayed.
JURY FIXES THE AMOUNT.
A jury Of inqulsition was drawn 10
nN damages on an action brought by
Joseph L. Carpenter, Jr., for rent and |
distress against Aubrey Thatcher. ct |
a. The amount of rent due was fixed
al $3.50, and the costs at S34.19. which
the Jurors sevorally signed. Arthur
w. Spruance conducted the case for
Mr. Carpenter.
Levi G. Bird appeared in court and
asked that the damage case OF Myer
Wilenziz vs. the New York. Philadel-
phia and Norfolk Railroad COMPANY
oe continued until next Tuesday The
court agreed
CITY CASE THIS AFTERNOON.
The hitch in proceedings of the
Ewing damage case against the Mayor
ana council, principally because the
narr includes a summary Of the costs
lor nursing and curing Mrs Ewing.
which summary should come I'm under
a separate and distinct action. Lii
burn Chandler was allowed until . 20
TINS afternoon to file his distinct paper
ana to this hour court adjourned.