Evening journal., 1897-11-27
DESERTION CASES ON.
Court Made Disposition of
Them To-day.
ANOTHER CASE DISCONTINUED
VERDICT Fer THE FULL AMOUNT
CLAIMED IN THE CASE OF
JOSEPH r. DIvESY VS.. MORRIS
WILSON'S EXECUTORS.

WILSON'S EXECUTORS.
Joseph r. Livesy won his suit
against Morris Wilson's executors, the
jury giving a verdict Ct s5O2.2O, being
the principal OF a $lOO promissory note
and the interest due thereon.
The rest OF the afternoon was con-
sumed in trying the case of Harry Em-
mons VS.. the Home Insurance Com
pany. Ex-senator Higgins represented
the plaintiff and Levi c. Bird the de-
fendant The suit is for 5000 insur-
ance on a house at Heald street and
Garashe lane, which was burned on
May %. 1896. II was insured on May 26,
1895. In the policy was clause that II
the house be vacant ten days no insur-
ance would be paid. The company AZ
| legged chat the house was vacant, and
refused to pay the money. Mr. EN-
mons brought the suit. Frank Wiling |
swOre to his signature on the policy. |
George r. Townsend was the agent Tor |
che property.
Mr.. Higgins endeavored to prove by |
| him that Mr.. Emmons did not know |
the property was vacant. Mr.. Bird OBJ |
jected, because ii did not matter |
whether he knew the property was va
l thnl NI uNl.
The point was being argued when
court adjourned until to-day.
Peter l.. Cooper, Jr., attorney for The
defendant in the cases Of Annie r.
Johnson and wife and John III. King
VS. the Wilmington and Now Castle
Electric Railway Company, moved 10
quash the return Of the sheriff in the
case. From the testimony produced 10y
Mr.. Cooper IL was shown that the writ
had not been returned 10 the Office OF
the prCthcnotary until after adjourn
mcnt of the September term.
William S. Hilies. attorney for the
plaintiffs. resisted the motion on the
ground that en- the day the September
term adjourned the writ was in the
sheriffs office. and was taken to the
proshonotary's office the following day
Therefore the suits were not invali
r dated.
= The decision of the court was re-
served until Monday.
Discontinuance cf the case CT the
: Thackera Manufacturing Company VS..
= Traynor & Co. was announced by Chris
= topher L. Ward. IL was set fer trial
d on next Wednesday.
e These civil matters concluded Lhe
e Court Of General Sessions took up the
I. | utstANAOn Ahotn ctA III AN-Atlfs
= At the request of the parties the case
/, | Of Hoffecker VS.. HoffeclSer was dis
h missed, as they desired to settle thel
,e differences out of court. That Of Muir.
W phey VS.. Murphey was continued unit
Y next Saturday on account Of the illness
l. of the husband
n Alfred Finch was called to the bOOl
e for deseTting his wife On August 4
& leaving her penniless and with a child
IS Many witnesses were called on bOtl
Is sides. and there was a decided cOnhic
OF testimony. Mrs. Finch declared tha
her husband abused her, and he posi-
lively denied it. The testimony Cf tn,
10 relatives and neighbors was equal.
Ne conflicting.
n Mr.. Cooper called one woman fer IN
Sc state. Instead of testifying agains
Il ! him she. saia he was. "a yery ,nieetmai
ie and gave her a good home. ..'s
O. The case Of Kate Tierney vs.. Richari
be- Tierney was taken up. Mrs. Tierne,
he stated that she marled her husban
in 1895. They have one child. II
never lived with her or furnished he
a home or boarding place.
Il Tierney informed the court that h
re had no witnesses present, as he ha
Ia been assured that the case would nc
h. be called to-day and perhaps never. Ii
m admitted that-.he did not support hi
tn wife, but, declared that she was nc
We worthy of it.
~ The court said that the defender
was entitled TO time and the case wa
IN postponed until next Saturday. Sim
H. lar disposition was made OF the cas-
at Of Mary vs.. Patrick Crumlish.
ne Superior Court then resumed IL
m work Peter L. Cooper, Jru called u
he the rule to show cause why the sheriff
In sale OF the property Of Thomas Cavei
der. Of near Smyrna, should n
be set aside Harry EmmOl
represented the other side.
est The grounds for the motion, TO s.
zen aside were failure to give notice, n
md glect to properly advertise, gross i
ru- adequacy Of price, and irregu.arity
Ell the inquisitiCn held by John +. Cam
ron bell and Lewis II. Dickey.
john f. Campbell, one OF the a
piaisers, testified that he signed the j
iY. qulsition as mere matter Of form, 4
ary deputy sheriff requesting him TO do s
or He was not sworn, knew nothing abO
a the property. never saw it and took
will sworn testimony. He did, hOwev'
on see the judgments. Lewis I. Dicke
,ast the other inuuisitor, said he did n
even see the Judgments In all 9th
respects his testimony was similar
chat given by Campbell.
lief This created a hearty laugh in viii
me the two lord high inquisitors Joined.
ice. Mr., Emmons said that he had no q
of timony 10 produce to rebut the tes
the mony of the inquisitors.
Mr.. Cooper moved that the rule
made absolute, and the sale was Z
~ aside
nth Mr.. Cooper asked that the costs a
,els fees OF his ten witnesses be paid by !
lme plaintiff, and the order was made.
vel Court adjourned until 10 o'clock Mt
A day morning.
our After Superior Court adjourn
iun Judge Spruance he'd Orphans COur
re- Frank Beale was granted an order
one sell the lands of Hugh Caldwell to I
eX- debts. The petition was presented
that John H. Rodney for William r. Lynz
tart
lces soc. TO BALTIMORE AND RETUi
arly NEXT SUNDAY, NOVEMBER
$500