Evening journal., 1897-11-09
INJUNCTION REFUSED.
Levy Court Wins It's Case
Against Dougherty.
DECISION HANDED DOWN TODAY


AND REVIEWS THE CASE AT
LENGTH.
Chancellor Nicholson this morning
handed down the long-deferred decision
in the injunction case of Joseph
Stoecl5le. Bernard Bonner, Hugh Lynch,
John McCafferty and Thomas Toy.
sureties OF John J. Dougherly, collector,
VS.. Robert Lewis. john J. Gallagher,
John j. Mealey, Henry NJ. White aLd
Wllliam A. Scott, commissioners com
posing the Levy Court of New Castle
county and Peirce Gould, sheriff, of |
New Castle county, and the several
lawyers who assembled to hear me |
opinion CT the court pronounced 1t one
Of the most scholarly judicial papers
Of recent years.
The chancellor refuses to grant tho |
injunction restraining the county from |
proceeding on the official bond OF
Dougherty and his sureties, and thes
must make good his shortage OF nearly
$4,000.
The chancellor said, in part:
This is a suit TO enjolnlthe defend
ants from taking amy action or pro-
ceedings upon a Judgment entered on
the eighth day Of July, A. d., 1890. pur-
suant 90 a Warrant OF attorney, upon a
bond given ON The fifth day OF May
1890, TO the State Of Delaware in Che
} penalty of one hundred thousand dol
lars, with the ccmpainants. and VII
liam McMenamln and John A. Beers as
sureties, by John j. DOugherty, who,
on the owen.y-sixth day Of February.
1890, had been appointed collector Of
county taxes for the Northern collec-
tlon district Of Wilmington hundred, in
New Castle county-the said taxes hav-
ing been laid for The year 1890, and
the term of Office being for one year.
, running from the date OF giving the
said bond, the appointment not being
deemed complete un5l a bond was
. given as required by the statute.
"Cn the nineteenth day Of October.
4 1898. a writ Of execution fer The sum Of
3 6,353.43 was ISSUED by order OF the
a Levy Court upon the Judgment entered
upon the said bond; and under and by
virtue CT said writ the sheriff OF New
. Castle county, one of the defendants in
= this suit, levied upon ard took i'm exc
:, cutiCn all OF the goods ard chattels ol
y y each nf said c1mp,ainants respectively
= "A bill was filed by the complainant.
on the fourth day OF November follow
0 ing, and a restraining order granted
and a rule issued to show cause wF,
= a preliminary injunction should net b,
r ordered, returnable On the ninth day o.
- the same month.
Z "On the tenth day Of the sam,
g month this amended bill was filed ans
> after hearing argument of counsel 70
s the respective parties. the then chan
cellor, Hon. James L. Wo,COtt. ordcrel
4 that the rule be made absolute, anl
M that a preliminary injunction issue, re
~ straining the said defendants. compOs
ing the Levy Court, from taking an.
proceedings upon the said Judgment
and the said defendant, Peirce Gould
sheriff, from removing, disturbing, ad
n vertisfng or selling the goods and chat
m tells or property of said cOmplainanfs
, or any of them until the further OF
. der OF the chancellor
n, subsequently, proofs were taken {
a. the cause and it was finally brought 3
- a hearing before me-the last supple
= mentary brief having been submitte
70 by counsel in November, 1896.
he Thereafter. by the provisions Of tn
n amended Constitution Of th
2 State CT Delaware, which took effect o
q, the tenth day of June, in the year 1S9
% the courts of justice then existing wei
NJ abolished and the office OF chanceliC
nv expired. (Sec ., Schedule C0nstfutiC
cv Ct 1897, p. 46.)
n 1T was further provided. hcweve
in the same section as follows: "A
suits, proceedings and matters Wink
\, on the said tenth day cf June, in u
year 1897, shall be depending in tl
Court of Chancery or in the Orphan
res Court and all records. books an
Sl papers CT said courts, respectivel
,nt established by the amended Ccnstit
ne tiOn:
81 "'And the suits, proceedings n
~ matters shall be proceeded in to fir
a. decree. order or other determination.
y "On the said tenth day OF June I W
ers duly commissioned and qualified chs
O. cellcr of the State OF Delaware in q
IT, ccrdance with the provisions OF t
=. amended Constitution, and a rearg
ave ment Of the case having been waiv
m by counsel for the respective parties
MS. shall proceed to render a decision.
OF THE question in this case is, whe5h
uhe the liability Of the sureties On the {
fetal bend OF John J. Dougherty. 4
collector as aforesaid. was destroyed
:. the action taken by the Levy Court
lge. New Castle county upon a certain !
set, titicn PRESENTED TO the said Levy Cor
ing by ihe sureties in accordance with I
ion povisions of chapter 342, volume
The Laws Of Delaware. passed March
ing 1877.
asst 'eThe cese is one Ct great importar
S and interest. and has been argued
ass. counsel on both sides with rsmarkal
up, learning, ingenuity and acumen,
ers, argumets covering a very wide III
ion and embracing a large number Of d
tinct propositions. each CT which v
elaborate,y discussed.
ght "In March, 1891. Doueherty made
final settlement with the Levy Cou
T. and II was found by the court IN
lub, that settlement that the balan,e
ohm and unpaid by him, after making
Ight allowances required by law. amcunl
/, of to the sum cf S14,431.51.