Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-25
SUPERIOR COURTHAsJ JURISDICTION.
Highest State Court Gives n Decision on n
Question OF Hearing Appeals.

Highest state Court Gives a Decision on a
Question OF Hearing Appeals.
An important decision on question
OF tbs jurisdiction Of the superior
court in certain cases was handed down
in the court OF errors and appeals at
Dover yesterday week. In January, 1893,
Barlow d. Weer and Morrow Brothers,
produce dealers, were arrested, charged
with exposing for sale partridges AND
rabbits out of season. They were tried
before Justices of the peace, and held
to be guilty OF violating the law. The
fines in the Barlow Il Weer case
amounted to nearly 81, 600.
The prosecution had BEEN brought
by the Delaware Game Protective AS
ISOLATION through its attorney, Walter
II. Hayes. The dealers retained Will
lard Hall Porter and William 1. Lyman
TO guard their interests aud an appeal
was taken from the judgment of the
justices to the superior court
At the February term, 1905, upon
motion OF Mr. Hayes. a rule was
granted upon the defendants to show
cause why said appeal should not been
stricken from the record, the writ Of
summons therein issued quashed, and
tho case remanded to the Justices OF the
peace from whom appeal was taken,
upon the ground, first that II was 9
criminal proceeding. and second, that
the superior court never has nor can
have any jurisdiction over crimes and
misdemeanors therefore the General
Assembly, when it conferred juris-
uiction upon the superior court to hear
appeals of this nature, acted without
authority and beyond the powers dele
| gated to ii by the Constitution.
This was argued by Mr.. Porter fol
| tbs defence and Mr.. Hayes for the
state OF Delaware. After the argument
the court directed that the question
whether or not the said court had
| jurisdiction to hear and determine said
appeal be reserved and heard by the
court OF errors and appeals. 1t was
argued before the latter court In April,
1896, at Dover. and Judge Grubb gave
the opinion OF the court yesterday,
which was that the superior court die
have jurisdiction to hear and deter
mine such appeal.
Had the decision been the other way
it would have affected all such appealI
as we'll as all appeals from the munich
pal court. In the present case it wouit
have forced the defendants to pay thu
fines without having an opportunity t,
put the case before jury. Now it goe
to the superior court to he tried as an.
other case With a. Jury.
ANOTHER IMPORTANT DECISION.
A decision involving interstate mat
tiers was also announced in tho court o
errors ana appeals yesterdayweek. A maj
named Irving Fertick, owned SOM
property in South Carolina which wa
Globe Insurance Co. The propert,
was due Ferticb. A creditor of Fer
ticks, the National Bank Of Whining
ton and Brandywine of this city, suet
out writ of foreign attachment agains
him and laid 1t in the hands of Ferdi
nand L. Gilpin, the resident agent il
this city Of the insurance company.
In superior court William S. HiIles
for the insurance company, moved tina
the attachment be vacated on th
ground, first. that Mr.. Gilpin was no
the proper officer on whom to serve to
attachment, and second. that tn
money being payable in South Caro-
lima, could not be attached in thi
way. 1t was argued in superior cour
which referred the matter to the tiv
Il, judges in court of errors and appeals
The bank was, represented by job
Biggs and the argument before th
later court took place last June. Judp
Marvel lead the opinion of the coui
yesterday week. 1t sustained the cor
tentions raised by Mr.. Hilles an
advised the superior court to vacat
tho attainment.