Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-24
Superior. General Sessions and Orphans
Courts and a Few Others.
SAVERS LICENSE NOT GRANTED
Bushnell Divorce Allowed But
Box Refused.
RULE ISSUED IN THE CHANDLER CASE

and Associate Justices Penuewil and
Boyce on the bench; Chancellor Nichol-
son hsld Cbaucery Court in the Judges
parlor; Judge Spruance presided at
Orphans' Court in the room set aside
for woman witnesses; Register OF Wills
Crossan sat as probate judge in will
case 10 the grand jury room, and the
Levy Court was in session in its usual
neeting place.
The Superior Court has refused the
application OF j. Harvey Whitsman for
q new trial in the case of the Port
Kennedy Stag Works We. Frank A.
Mitchell.
Lilburne Chandler applied for rule
to show cause why a writ for an
alternate mandamus should not issue
to compel William Simmons, William
A. Pratt and Ayers S. Webster, street
and sewer directors, to perform certain
duties with regard to the sewer assess
ment on three lots owned by Mr..
Chandler.
In his petition, Mr.. Chandler sets
forth the law under which the depart
msnt makes such assessments, and
AYERS that they levied The assessments
wrongly in the present case. His
property is on Pennsylvania avenue,
Thirteenth and Fourteenth and Union.
As laid out, 1t fronts on the first three
streets, but the street and sewer
directors have levied the tax on the
basis OF Union street frontage. the
tax is so cents foot frontage and one
cent foot area, ana amounts to S356. 60
as levied; but Mr. Chandler claims
that correct assessment would make
the aggregate but $780, SO. He main
tanned that as plan of ths property
as laid out bad been published the de-
partment must assess it according to
such plan.
He asked for a rule to show cause,
rsturnsble on May 18th.
Assistant City Solicitor Cahoon ap-
posed the application on the ground
that the petitioner could Hscure
remedy through the issuance Of GER
tiorari to bring up the record.
The court said that the application
was not for q msndamus. but for
rule. and ordered the rule to issue. re-
turnable at the May term.
Leonard Z. Wales announced that the
application for mandamus in the case
Of Daniel p. Hamilton VS.. the Hiram
Grand Lodge Of Masons, which was re-
turnable at the May term, 1897, was to
have been argued at the November
term, but the suggestion has been
made TO argue it before a tribunal uf
Masons. This proposition has not yet
been passed upon. and continuance
therefore was asked for. Tho court
granted it. General leave to amend
was given Horace g. Knowles. in the
case OF Wilcox, administrator va the
Wilmington City Railway Co.
TT Rava.l Hafaal x.ann.tol 49,
cation, in the case OF Benjamin S.
Caulk VS.. William Bright's executors,
to take money out of court The
money had been paid to the sheriff in
settlement of sheriff sale in payment
Of 1895 taxes. The petitioner repre-
aented that he should not have maid
these taxes as 1895 taxes had expired
in March, 1897, and the law extending
the liens of 1895 was passed by the
Legislature in May, 1897. The court
held the law could not extend expired
taxes and refunded the money, amount
ing to S62. 10. The court ordered Sl35. 80
paid to Stevenson Bros. out OF the pro
ceeds OF the sale Of the shoe stock oil
Jennie y. Hoopas; and that $40 SO bs
paid to the Wilmington City Electric
Co., out of the sale OF A. W. BriIely't
effects.
The court granted to Martha Gran
Bushnell divorce from her husband
Nelson @. Bushnell, and rsfussd {
divorce in the case Of Beasie W. Boil
vs.. William j. BOX.
On motion of Walter ii. Hayes, al
motions and matters pending excepting
for final judgment were continued unit
the next term.
at IL. 80 o'clock court adjourned
without day.
After adjournment the decision O
the court On the application of Johi
Sayers for a license to sell liquor a
No. 925 Orange street, was handed Il
Deputy Clerk of the Peace Janyier
The application was not approved.
COURT OF cHANcERY.
Chancsllor Nicholson had a bus
session of the Court of Chancery. Upo
application of counsel, the hearing o
the Oxy Hydrogen case was eontin ue
until Tuesday, March Goth. The re
straining order case OF Dennis ]
Mention vs.. the Mayor and Council &
WILMINGTON was argued by William S
Hilles for the complainant aud Henri
G. Conrad and Robert q. Harman fc
the city. Mr.. Mention claims that III
city, 10 changing the line of Pennsy
vania avenue between Lincoln an
Union streets, has put his proper,
into the bed of the street. The cit
denies that ne is the owner OF tb
property in question.
1t was developed in the course of tt
hearing that it was a case involyiu
title to real estate, indefinite bound,
ries. and so on, which would requi,
an issue to BIZ sent from the Court
Chancery to a jury, and after col
ference with counsel 90 both sides,
was agreed that the restraining ord
should be vacated, the motion for 1
Injunction denied and the questic
tried 10 an action of damages ut Il
May term OF Superior Court.
Upon the application OF Lewis
yandegrift, attorney for Victor {
Blusde. the case of the Jospeh Bancro
d Sons Co. vs.. Bloede, was removed
the United States Circuit Court, ii
respondent being non-resident al
the amount involved more than s., 90
Messrs. Niolds. Hilles and Ward repr
sent the complainants.
The case of Cornelius Moriarity v
Dr.. John A. Dougherty was continue
On application, until March Both.
On application nf John II. Rodyn
the Chancellor granted restraint
order to prevent John E. Lewis
Newark from using an alley way h
longing to John W. and Mary
Pennington of Newark. The rule W
made rsturnable on March 2Sth,
An application was made ard argu
In relation TO the Richard Caldwt
trust fund. one suit having alrea,
been determined.
John Hirael was appointed trustee