Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-06-04
sUpERIoR couRT.
The Seward Damage Ease Postponed Until
the Nuvomber Term.

Tho Seward Damage Cnse Postponed Until
4 the November Term.
In superior court on Thursday the
OF tho first panel of jurors
was discharged from further attend.
ance at this Iofm. In the cases of John
Willis aud Charles HENDERSON vs..
Arvid w. Eklund, upon a certiorari OF
the docket FROM Magistrate Daley's
court, the judgments Of the court we're
set aside. W. $. PricSett and p. l..
Cooper, Jr., appeared for Eklund, and
Harry Whiteman for Willis and Hen
drixson.
Adjournment was made until 10
O'Clock Friday morning
The case OF William II. Seward and
Mary Seward ys. the Mayor and Coun-
Gil of Wilmington WAS continued Friday
until the November term of superior
court upon the application of counsel
for the city. City Solicitor Hartman
based his application for a continuance
upon an affidavit, signed by Mayor
Jeiferis and two members Of City
Council, which alleged that on account
Of the absence If Miss Caldwell, Miss
Cleland and Mrs Higgins, witnesses
for the defence, the city could not
safely 60 to trial.
The application was resisted by Levi
G. Bird, counsel Cor the plaintiffs lie
desired the cast to 60 on and said he
would admit tie slenographic report Of
the witnesses, testimony at the pre-
vious trial, but he would not admit
the facta as SO testified to.
Mr.. Hartman claimed that it was his
right TO have not only tho words but
the effect upon tho jury Of the appear.
anre and manner of the witnesses. In
the course OF the hearing the two
lawyers had lively tilt. which, how
over, passed over.
When thu court came 10 render its
decision the judges were not unit as
10 tho Htrength of the grounds for a
continuance. The Chief Justice and
Judge Maryil held that Mr.. Bird must
also admit the facts testified to by the
abscnt witnesses should tho case go to
trial in their absence. Judge Cullen
on the othei hand held that it was only
necessary ii admit that tho witnesses
would so ttstify, and not that what
they testified was true. He said he
would put in written opinion.
Tho case was continued until thB
November term with pcremptory rule
for trial and before a regular jury.
Tho divorce cases Of Thomas II. Con
nell VS.. Carplino Council, and Louise
w Thomas ys. W. II. Thomas were
retired. DiscontinuanCes we're reported
in the cases Of W. j. Springbett VS..
Emma Springfield and Samuel G..
Fisher VS.. Florence NJ. Fisher. All
these cases have been on the argument
let 81 =, a.
abate cases after no trial for three
successive terms. The court informed
the lawyers that they had evidently
forgot the rule.
In the case of John Wintrup va.
Annie Wintrup the court handed down
decree for divorce. Philip q.
Churchman represented the petitioner.
lnqulsitions upon judgments granted
at the last term we're held in the cases
of r. G. Dun & Co. va. George Nj. c..
Miller and William Beadenkopf VS..
Keen Sutterce Go. The Jury awarded
Dun & Co, $50. So Beadenkopf, $500. CO.
In tho case Of Benjamin Armstrong VS.
Benjamin +. Walls, upon motion
Of H. II. Ward, Justice Of the Peace
Ferguson of Middletown was ordered
to send up the record by the first Mon
day in July or an attachment will issue.
In the case Of the White Sewing
Machine Co. VS., William Mahler. H..
Ii. Ward, for Mahler presented
Mahler's affidavit and made an appl-
cation that the judgment received at
February term by the plaintiff be
opened by reason of the fact that the
defendant did not have notice. The
judgment was opened and the de
fendant let in to trial
Court adjourned until Saturday
morning.
In superior court Monday morninl
in the case of Ladenburg, Thalman
Co. vs. Keen Sutterlee Co., william
$. Ililles, for the plaintiff, announced
that an agent Of the former company,
who was coming to this city, was hurt
this morning at Jersey City. Judgment
nisi was rendered in the case.
In the case of Watson 81 Co VS..
Southwick a Lippincott, upon motion
of Thomas +, Bayard, Jr., judgment
was granted TO the plaintiff notwith-
standing affidavit of defence. II. Ii,
Ward appeared for the defendants.
The filing of the return of the com
missioner in the divorce case of Dennis
vs.. Dennis was postponed until nest
term.
In the case of James II. Hoifecker,
Jr., trustee. Va. John u. V. Plat,
argument was heard on the application
OF John H. Rodney for Plat, to sci
aside tho sheritfs sale Of PLATE q
property at beaufort Mills. After
hearing testimony the court dismlssed
the motion.
a jury of inquisition gave Judgment
for seas, " in favor of the plaintiff IN
the case Of the Charles Warner Co. VS..
tho Jerome Glazed Kid Co.
The iuries were discharged and court
| adjourned until afternoon.
In superior court to-day testimony
was heard in the case of George W.
Lodge g. Son We. George @. De Val
inger. The attachment was dissolved.
Judge j. Frank Ball presented the
resoi buttons of tho Bar Association upur
| the late John w. Houston and moved
! their adoption, The motion was sec
onded by Levi u. Bird, who spoke o
the OK judges life. Associate Judge
| Cullen paid a fervent tribute to thu
memory of the dead man and ordoreC
the resolutions spread on the records o
| the court
Adjournment was made without day
Levy Courts session
Commissioners Gallagher and Arm
strong reported to the Levy Court OF
Tuesday on the accounts of tho roat
commissioners of BrandyRine hundred
The report shows that the road com
missioners on March Sd we're debtor t