Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-05-24
SUPERIOR COURT.
Opening of the May Term for This County,
,Monday Morning. ~

'mOnday morning. g4
The May term of the Superior Court
of the State of Delaware in and for
New Castle county was opened Monday
morning, with Judges Grubb, Penne-
will and Boyce on the bench. 8
Judgment for costs was announced In
the case of Edward Rushton's admin
istrator VS.. p, W.. & b. Railroad Co.
The cass of Elizabeth b. McCombs,
executor ys. Joseph L. Carpenter was
continued to the September term.
George Lodge, representing the, de-
fendant, moved for continuance OF
the case of the Pusey IL Jones 90. vs.
Alfred P. Dodge, on the ground of the
absence Of material witness, ons
John Grimes, who is in Brooklyn. Ben
jamin Nields, representing the plain
tiff, thought the defendant should be
present to answer as to the maleriality
Of the witness. but as this was the
first trial term, the court held the
affidavit to be sufficient. BY consent,
the case went over until the November
term. The case involves work and
labor by the company for the kinetic
motor cars, in which Mr.. Dodge is
interested. The amount at stake Is
about $500, which repr esents balance.
Mr.. Dodge claims that some unsatis-
factory work was DONE.
In the case Of the Wilmington &
Northern Railroad Co. vs., William b.
Clerk, John p. Nields for the defendant,
presented motion for continuance on
the ground OF tho illness Of an i'm
portant witness, Harry Robinson, who
is now suffering from typhoid fever al
the Delaware Hospital. The case was
continued until the November term.
The case OF John M. Harper & Co.
VS.. Charles Baird's administrators and
VS.. Tadman & Hickman were post.
poned until May 28th.
Di5continuance was announced in the
case OF Daniel g. Spruanoe vs.. Martin
Myerdiok; settlement in the case oi
AbIaham Sigel VI. John III. Outten,
continuance for settlement, in Harry
} ferger vs. Charles w. White, and dis
continuance of record in Garrett q
Barr vs.. John MacF al lane. Judgment
for the Plaintiff below for costs was
granted in the case of Stephen @.
Singleton, Jr., p. b. a., vs.. Thomas
Fagan, d. b. r.
Judgment for defendant for $3.50, was
granted in Nicholas Grusenmyer VS..
Joseph jackson Peiroe and Charles
Green, bailitf.
Continuance was granted in the cases
of Adelaide Ahrens VS.. Patrick Nc
Laugnlin and JOSEPH Beste VS.. Patrick
Mclaughlin.
In the divorce case of Margaret M.
Baldwin vs.. Joshua Baldwin, the, time
of the return by the commissioner was
extended until the Septe'nber term. Ir
that Of May E. Hammond vs.. William
Hammond, an extension was granted
until May 2Sth, in that of Joseph W.
Dolan VS.. Mary Ann Dolan, until June
4th; that of Eillie Mclaughlin vs.
Samuel Mclaughlin, until May 2sth.
BY consent, the award of the jury ii
the case Of trustees Of New Castle
Commons vs.. the Delaware ! Railroae
Co., was confirmed.
| A jury was drawn to try the case o
Alexander Maxwell vs.. Charles De
Jr., and Peter L. Cooper, Jr., repre
sent the plaintiff and Harry Emmons
represents the defendant. The amount
involved is S40O, with interest iron
January 1st, 1896. ia
| In brief, the plaintiffs case is this
On March 7th, 1883, MIR. Maxwell solo
| W MT 1tSNdlluBbI lub NdUlODal 11Ot6l
Middletown, for S22,000. There, was {
judgment, dated 1857, for s40O agains
Mr.. Maxwell, ana that amount was
kept back from the purchase money By
Mr.. DeValinger, pending the passage
Of Judgment lien law by the Legis
lature then in session whereby al
judgments dated prior to January 1st
1856, and not revived by January LIST
1896, would not be lien against rea
estate. Ehe Judgment in question wa!
not revived, and Maxwell claims tina
the S400 should be returned TO him.
L. Irving Handy, attorney for tb,
complainant, asked, Monday, fol
publication in the divorce case of Etts
M. Brown VS.. Joseph Brown. The re
tuln favors divorce.
| Contins,ance was granted in the fol
lowing cases: Magdalena Aker vs. EIlt
M. Lloyd; John f. Mclaughlin VS.
Farmers National Bank of Oxford Pa,
Union American Methodist Episcopa
Church VS.. Penuel l.. Webster; Walter
G. Walker VS.. Frank E. Smith q, L,
Rathbone & Co. vs.. William b. Clerk
John 4. Smith VS.. Commercial Fir,
insurance Co. "a
The special jury trial of the case o.
J. Il. Lawless' administrators VS.. tn,
! Pusey d Jones Co., was set for Ma,
3lst, and that of the case of Richatc
Gear vs.. the r., W. & b. railroad fol
June 4th. rs
Further proceedings on fifth page.1