The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-11-09
SuREYIEs MUST PAY.
Chancellor Nicholson This Morning Holds
RThat They are Responsible to the
County for Ex-Tax Collector
nongherty's Defai.
cation.

Chancellor Nicholson this morning
handed down his decision in tho Chancery
case of the sureties of ex-TaX Collector
John j. Dougherty VS.. tho Levy Court
and Pierce Gould which has been pending
for three years Tho case involves the
payment by tho sureties OF Dougherty,
who are Harry J. Stoeckle, Bernard Bon.
ner. Hugh Lynch, John McClatferty.
Thomas Toy, John A. Beers and William
McMcuamn, the latter two deceased, Of
SIS, 1858. 49, the amount of Dougherlys
uelulcation with interest from 1873. The
decision this morning holds the sureties
responsible, but Immediate execution VIII
he prevented by tho intention ut counsel
for the suroties appealing tho case to the
Supreme Court.
The case in question il one which has
caused much interest sinceit was begun.
Duughcrtv was appointed tax collector
for the Northern district Of this city
in 1870 The bond he gave for the
faithful performance of the duties Of the
Office amounted to slD0,O0J Shortly after
the cOllecto. entered urou his duties there
was discovered Irregularities in his ac-
counts which the Levy Court of that tine,
for some reason, refused 10 take notice o.
Time after time the surcties appealed to
tho court to investigate Dougherty's az
count and when on July Is, lSW II bad
not hcon done, action was begun against
the defendants enjolning them from TAX
ing any action or proceeding upon THO
Judgment pursuant warrant of attorney
upon the bond given by Dougherty on May
5prcvious. Tho mai ter was hhally IN.
definitely pustpuued by the Levy Court
and when the body ceased to exist tho
case against DOughrrty was unnotlced.
But when the previous court which WINS
cumro ed Of William T. Scott, Henry W.
White John Mcalcy, John j. Gallagher
and h. Lewis Armstrong raIno ITO power
a wit of execution was Issued against ms
OK collectors sureiies on the bond given by
noughnrty. lhi, action was begun on
October 10, 1873 Previously the court and
sheriff had been rnjoined from making
execution. Argument in Charcery began
Edward o. Bradford aud Lewis e. Nande-
gilt appea!n for the Levy Court and
senator Gray, Benjamin Niclds and Harry
EWmuns for the surtties
The latter, rnntended that innsmurhAs
the previous Levy Court had not examined
into DougbeItys account at the time
prayed they, the sureties, could not he
he'd responsible for the shortage. Strong
authority was presented on the point.
Tho ol her side contcntted to tho contrary
of course and from that day to this the
court had been utwork on the case.
In deciding the point, the Court held
that the sureties of Dougherty, at the time
they took upon themselves the oDllsatl'h,
knew themselves to be responsible for any
defnlcution. The fact of the Levy Court
failing to make an investigation into the
account could not release them, inaSmnch
as similarcasns in which the Government
was involved had always been decided
against the slreties.
The court therefore refused to grant tho
injunction prayed for by the suretieS and
dismissed Inc hill Of complaint, placing
the costs on the surrties. The Judgment
will amount to upwards of So, 900, but as
before stated, execution will noe be issued
at present.
1t was the opinion Of many lawyers aud
citizens with all dcfcrCncc to the court
decision, that it was great hardship to
the surrties, innsmuC! as they had prayed
the old Levy Court to investigate Dough
ertys accounts. Tho majority Of those
who expressed themselves We're of tho
opinion that the county should lose.
After Chancellor Nicholson delivered
the opinion, which required almost an
hour, Senator Gray and BENZ Niolds
thanked him for his eXhaustivn review of
the case. They made no further remarks.