Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-11-11

Chancellor John r. Nicholson Tuesday
morning rendered bis decision in the
important Case of former Tax Collector
John j. Dougberty's sureties Vs. the
Levy Court. The decision is victory
for the Court. This Chancellor die
solves the injunction and dsmisses the
bill. Under this decision the execution
secured by the Levy Court against the
bond of the sureties stands Whether
the suraties will take an appeal to the
Supreme Court of the State remains to
he determined.
Court of Chancery convened about
TO- 30 O'Clock and SOON after the Chan
cellor began reading his opinion which
occupied about 30 minutes. Within
the bar OF the court we're United States
Senator George Gray, benjamin Nields
and Harry Emmons, who represented
the sureties; Lewis G. Vaniegrift. who
with Edward q. Bradford. now Judge
Bradford, had represented the Levy
Court; John IL. Rodney, present attor-
pey Of the Levy Court; Harry j.
Stoeckle. son of the late Joaeph
Stoeckle, who was one OF the sureties;
Levy Court Commissioners W. 4. Scott.
John }. Gallagher and John Lynn;
Deputy Attorney General Peter u.
Cooper, Jr., Walter II. Hayes, William
B. .Prickett. William S. Hillos, Charles
We Smith, Philip @. Churchman, An
dreY e. Sanborn, Thomas liolcomb.
Charles b. Evans, Deputy Clerk OF
the Peace George Jsnver and Court
StenogrBpher Il. G. Hardesty.
At tho conclusion OF the reading,
Senator Gray thanked the court for the
ability with which the contentious of
both sides had been considered. MIR.
Vandegrift also thanked tho court for
the able opinion
Ihs full text Of the opinion follows:
r In the Court of Chanccry for the State
\ of Delaware, in and for New Castle
IA county:
# Joseph Stoecltle, Bernard Bonner, Hugh
Lynch, John McClaffcrty and Thomas
Toy, VS.. Robert Lewis, John ]. Gallagher,
John Mealcy. Henry NJ. White and Will
liam \. Scott Commissioners composing
the Levy Court of New Castle County,
and Pierce Could Sheriff of New Castle
County. Injunction Bill.
This is suit to enion the defendants
from taking any action or proceedings
upon a Judgment entered on the eighth
day of July, A. d., 1S90.pursuant TO
warrant of attorney. upon hond given
on the fifth day of May 1890. to the
State of Delaware, in the penalty of one
hundred thousand dollars, with the COM
pl1inants and William McAIenamin and
John A. Bocrs as surcties, by John j.
Dougherty, who on the twenty-siXth day
of February, 1890 had been appointed
collector of county taxes for the Northern
Collection District of Wilmington Hun
dred, in New Castle County--the said
taxes having been laid for the year 1890.
and the term of Office being for one year.
r.. ~. 4. -.I-
bond, the appointment not being deemed
complete until bond was given as re-
quired by the statute.
On the ninetccnh day of Ocohcr, 1893,
a writ Of execution for the sum of $16.-
353,43 was issued by order of the Levy
Court upon the Judgment entered upon
the said bond; and under and by virtue
of said writ the Sheriff of New Castle
County. one of the defendants in this
suit levied upon and took in execution
all of the goods and chattels of each of
said compluinants respectively.
y bill was filed by the compainants on
the fourth day of November following.
and restraining order granted, and Il
rule issued to show cause why prelimi-
nary injunction should not be ordered,
Teturnabe on the ninth day of the same
month.
On the tenth day of the same month
this amended bill was filed, and after
hearing argument of counsel for the re-
spcctive parties. the then Chancellor, the
Honorable James l.. Wolcott. ordered
that the rule he made absolute, and that
n preliminary injunction issue, restrain
ing the said defendants composing the
Levy Court from taking any proceedings
upon the said Judgment and the said de-
fendant, Pierce Gould, Sheriff, from re-
moving, disturbing advertising or selling
the goods and chattcls or property of said
complainants or any of them until the
further order Of the Chancellor.
Subsequently. proofs were taken in the
cause and it was finally brought to hear
ing before me-the last supplementary
brief having been submitted by counsel in
November 1896.
Thereafter, by the provisions of the
amended Constitution of the State of
Delaware which took effect on the tenth
day of June in the year 1897, the Courts
of Justice then existing were abolished
and the Office of Chancellor expired tSec.
D Schedule Constitution of 1897, p. 46.)
1t was further provided, however, in
the same Section as follows "All suits.
proceedings and matters which on the said
tenth day of June in the year 1897 shall
lie depending in the Court of Chancery or
in the Orphans Court, and all records,
books and papers of said Courts, respec-
lively, shall be transferred to Court of
Chancery or Orphans Court respectively
established by the amended Constitution.
"And the suits, proceedings and matters
shall be proceeded in to final decree. order
or other determination"
On the said tenth day of June was
duly commissioned and qualified Chancel-
lor of the State of Delaware. in accord
ance with the provisions of the amended
Constitution, and re-argument of the
case having been waived by counsel for
the respective parties, l shall proceed to
render Il decision.
The question in this ease is, whether the
liability of the sureties on the official bond
of John J. Doughcrty. Tax Collector as
aforesaid, was destroyed by the action
taken by the Levy Court of New Castle
County upon certain petition presented
to the said Levy Court by the srreies in
accordance with the provisions of Chap
ter 3i2. Yol15, Delaware Laws, passed
March %, 1877.
The case is one of great Importance and
interest and has been argued by counsel