Evening journal., 1898-12-03
CAUSE FOR NEW TRIAL
Reasons Filed This Morning
in Case of Maher VS.. Moore.
QUIeLEY TRIAL IS SET ASIDE

TWO CASES AGAINST THE RE
cE1vERs OF TlHlE b. & o. RlAIGs
ROAD COMPANY CAlRRIED 10
THE UNITED STATES CIRCUIT
COURT ON APPLICATION OF
LEVI c. BIRD.
In the Superior Court yesterday af-
lternoOn, in the case Of Ansom A. Mahgr
vs.. Dr. Harry c. Moore, an action on
promissory no1e for s2505O, the jury
returned with a verdict for the de-
fendant. Mhher was represented by
Ptter L. Cooper and Moore by william
s. Hilles. Mr.. Cooper gave notice OF
new trial.
II is said the court Will set aside
the verdict in the Maher VS.. Moore on
the ground that il is contrary to the
law and evidence.
In the case OF the National Dredging
Company VS.. the Grand Trunk Railway
Company Lewis c. vandegrift filed no
tice or recoupment. It Was opposed by
Philip O. Churchman for the dredging
company Subsequently Mr.. Vandegrift
received a continuance to the February
term.
Peter l.. Cooper, Jr., for the plaintiff.
filed reasons for a new trial in the
case OF Anson A. Maher VS.. Harry C.
Moore. They are that the verdict was
contrary to the law and the evidence
and such as to shock the conscience OF
the court.
In the case Of Arthur Hagan & Co.
VS.. Rebecca l.. Chapman a rule TO
quash a levy and inqulsition was made
absolute.
In Caldwell & Co. vs.. Armour & Co..
William S. Hilles, representing the lat
ter, filed an affidavit and moved 20
quash the original writ and set aside
the sheriffs return.
Levi c. Bird applied for permission
to enter special appearance in the case
Of John A. Springer vs.. the receivers OF
the Baltimore and Ohio Railroad Com
pany. The motion was refused by the
court, being oppossd by Mr.. Higgins.
subsequently, on application OF Mr.
Bird, bond being given. the case was
removed to the United States Circuit
Court for the district Of Delaware.
On a motion OF Mr. Bird the case Of
Broccoli vs. the receivers Of the Bal
timore and Ohio Railroad Company
WAS removed to the United States Cir
cult Court.
The sale by the sheriff OF the prop
erty Of Isaac Trimble Quiggey and wifi,
was set aside, after an extended hear
ing, in which many witnesses we're ex
amined. The events leading up 10 tn'
action we're as follows:
The Savings Fund Society obtained
a judgment on foreclosure OF a mort
gage against Mr.. Quigley and his wife
at the September term for $4,000 and
accrued interest on his property al
e Delaware avenue and Van Buren street
This property was sold at the Novem
Der term for S9,4O, a man named Rey
bold being the purchaser. Mr.. Quig,e,
Immediately took steps to have th'
1 sale ST aside on three grounds; First
j that Judgment should not have beer
e had because there was NO service upoI
r his wife; second, that there was ct
5 copy Of the advertisement Of the saa
- left al his usual place Of abode; third
!. because the property sold for gross
] ly inadequate price.
Thomas Davis represented the pur
chaser and defended the sale. Johl
Biggs and Arthur w. spruance repre-
}. sented Mr.. and Mrs. Quigley. Afte
r all the witnesses had been heard tn
n rule to set aside the sale was made alb
s solute
J. In the case OF Wilcox vs.. the WI
Il ming.on City Railway Company, Hai
S man & Knowles made application tha
.e the case be placed on the argumer
n list willard Salisbury, Jr., resiste
( the application. The court decide
q. that, as a matter Of fact, it was on n
ID trial list and that it was at issue
10 question Of law within the tim
H. specified by the rule Of the court, a
l- though not at issue on question (
fact.
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. TEMPERANCE OFFICERS EIIECTE