Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-10-14
THE COURT OF GHANCERY
'OIy-HydrOgen Co.'s LOng-Pending Case
to be Put on the Regular Docket.
TIME FOR HEARING IT NOT FIXED
A Bill of Complaint Regarding
Scott Street.
LIABILITY OF DOUGHERTYS BONDSMEN

The long pending OSy Hydrogen case
will 90 on tho regular docket OF court
OF chancery for hearing before Chancol-
Tor john r. Nicholson. The Chancellor
SO decided Monday. This was the
case in which Henry r. johnson acted |
as Chancellor al Item but never
handed down his decieion. The ques-
,tion involved before the Chancellor was
as to whether the Office of Chancellor
al Item held by Mr.. johnson had or
had not been abolished by the now
Constitution. The Chancellor decided
that it had BEEN abolished and the case
thus reverts to the regular calendar OF
the court to he heard by him. be not
being interested or otherwise disquali-
fed This opinion was satisfactory to
both HitleH. Messre. Ward and Harring-
ton represent the gus company and
Nessrs Vandegrift aad Spruance. the
city. In the absence of Mr.. Nande'
grift no time for hesring was tixed.
William s. Hilles presented bill OF
complaint of Joseph ii. Gooiing, who
owns property on Scott Fourteenth and
Thirteenth streets. asking that the
Mayor and Coancl and the Baltimore
& Philadelphia Railroad Go. be per-
petually enio'ned from vacating Scott
ElTUBL HltNiuk Htuups AVIS Nhp'a-
nng claimed that the corporations named
were abouj tn make changes in that
neigh borbood without authority OF law,
and that tho effect of tho changes
would be to deprive him OF his railrond
connections, of the use of Scott street
and wuald damage his business and de-
precla,e his property to a great extent,
and would practically make IL impossi-
ble 10 carry on his business. The work
complained OF is that in connection
with the removal of tho Baltimore IL
ohio grade crossings. At Scott street
the street is to be bridged.
Mr.. IIilles moved for a rule TO show
cause why preliminary Injunction
should not be issued returnable at tho
earliest possible date.
After consultation with City Solicit
for Conrad ana Mr.. Hiiles, the Uhan-
cellor fixed October 2lEt at Dover as
the time and rlaue for argument on the
rule. Meanwhile no oruer to restrain
the city was made but the city solicitor
agreed that in the interval no worl'
would be done on Scott street.
In the matter of the rule in the
Ewing damage case whereby the Ewingi
and Sheriff Finn are prevented from
further proceedings oE tho 50. 600 judg
ment secured against the CITY, The
Chancellor fixed November 1st as thu
time for argument. The question in
yolyed here ia whether writ of erro
can be taken to the supreme court be
fore some Legislation is had fixing thu
terms of the supreme court.
The Chancellor announces that hi
decision in the Dougherty case, will u
ready to hand down the next time b
comes to this city, which will DO il
two or three weeks. This is the case u
the Levy Court against Tax Collecto
John j. DougheTty's sureties. involving
the question of their liability for abou
500. 600.
Upun the petition of Mary 4. Ridgely
presented by Charles G.. Rumiord
Amelia T.. du ront was appointed trus
tee under the will OF Mary II. Ridgely
deceased.
Chancellor Nicholson heard argu
ment in the afternoon in the case q
George FestarmachRr w. John N. Cars
WE'LL receiver Of Kent & Weeks. Ih
application was for permission to tn
mort:aeep, festermacher. to sue th
receiver so that no might Ito able
ioreclose on mortgage given by ker
IL Weeks prior to their Insolvency
This question has never heen decide
in the Delaware state courts, hut in
case before } Judge Wales it WAS above
that tho receiver he joined in the sui
1t IL considered to be a very interes
ing and important question for Il
court 10 decide, as it may very serious
affect Investments by individuals ;
well as trust companies and savinl
funds interested in tho Investment
their moneys, because ii the mere a
pointment of receivor prevent pri
lien from being enforced when there
n default in payment OF interest nj
taxes. it puts the mortgages in such
position that he cannot recover b
debt although past due and no intere
is heing paid on the same.
Tine decision of the Chancellor
awaited with great interest by investo
in mortgages The Wilmington ga
ings Fund Society also holds mortga
against Kent Il Weeks and il nn int
pleader in the case. William $. Hill
represented the receiver and j. Il. g.
Charles W. Smith, Festermacher.