Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-02-22
SUPERIOR COURT.

and /, Vas discharged last night week.
MaxeelI sought to recover 3tO0 the al
Ieoas1 balance on the sale Of the National
HoraI al MIddieEorp. The jury IS SAID
20 have stood TO in favor OF the
plaintiff.
SPECIAL jury cases are to be heard
February 9TH and March LIST.
The following entries we're made
Diamond State Iron Co. IS. David
Anderson, cass en- appeal, settled
Union American Methodist Episcopal
Church Va Pennel L Webster, case on
appeal. settled.
l:Court in banc was held in the county
court room Thursday afternoon, when
Chief Justice Lore and Associate
justices SpFuance, Pennewiii and
Boyce heard argument in the case OF
John Doe. IN the demise OF Walter h.
Seals 81. Richard Roe, casual eiector.
and George A. Chadwick, tenant in
possession. Martin Scale died about
1850. He had previously given a
mortgage on his property, and this
mortgage. after his death, was fore
closed against the administrator. Henry
Scala. Waiter Seals, who was an heir,
received no nntice of the foreclosure
and his interest in the equity was sold
without his knowledge. Seals was
represented BY T. Bsyard Heisel, and
Chadwick, by William I. lyman. The
question involved was as to the neces.
sity Of notifying heirs and terre tenants,
when a mortgage is to be foreclosad.
Court in banc ia TO sit again March
LIST,
An inquisition at bar was taken in
Superior Court Friday when the
amount of a judgment against Joseph
| BelIah secured By White Bios was
placed at $40, GOO. Lilburne Chandler
represented White Bros. The claim
included hook accounts and promis'
sorry notes.
The replevin suit CT William jerks
Fell vs. John z. Taylor is TO be heard
this afternoon.
The Superior Court heard argument
| Monday in the case Of the Farmers BanI
| of Georgetown IS. David I. Marvel
| The bank holds judgment against
| Mr.. Marcel and it seeks to attach s3T;
| in the hands of State Treasurer Bal
icing the ex-iudge's quarterly pension
from the State H. "a. Ward for Mr.
Marvel moved for the dismissal Of thu
proceedings John BigPs of this cit,
and E. r. PAINTER of Georgetown fol
the bank moved that the judgment b'
made absolute and the money paid t
the bank. The question involved i
whether pension money can be attached
in the hands of the State treasurer
whether DR.. Ball, State officer, cal
be made garnishee, the general prin
ciple being that it is impossible to gu
State or make State defendant ii
legal proceedings.
Decision was reserved.
Two cases OF the Fidelity Mntua
Fire Insurance Co. vs.. Hart & Bro
and S. 6. Simmons g. Bro. were set
tied. P. L. Cooper, Jr., and C. B
Evans represented the plaintiff an,
William Michael Byrne, william S
Hllles and Hohecker il Hoffocker th
defendants.
In the appeal case of John +. Nc
Whcrter vs.. john Hildemeyer, judy
ment was given McWhorter for costs.
The nulIa bona cases of Charles /
Sparks Us. John T. Millikin were gel
J tied. Settlement was reached in tn
case of Levi Taylor, ST.. VS.. Pau
Gillis, ut al. Argument was heard i
the certiorari case of Trump Bros
Machine Co.. defendant below, Y;
: Winfield s. Fighter. A rule for wri
Of possession in the case of Dolby Y:
Miles Clark was made Ieturnable nel
Saturday.
The trial of the 500, 600 damage sui
Of Charles }. Higgins VS.. the Mayo
and Council of Wilmington was begu
in the Superior Court Monday aftel
noon. Z. r. Cochran, Jr., and Lew
9. Fandegrift represent Higgins, an
, City Solicitor Conrad and Assistai
/ fnk H.. -sk
/ plaintiff testified that Oh the mornip
Delaware truck, which was respondin
Front and Monroe streets. when ii
truck ran into an excavation at til
intersection of Second and Madiso
streets, breaking an axle. A whe
came off and to prevent being throw
, against tree. Mr.. Higgins jumped of
2 iniuring his leg. He said no ights
danger signals were displayed. A
operation was performed ON bis leg
DR.. Lewis W. Finn at the Homu
= opathic Hospital. The plaintiff claim
a that the injury still troubles him an
q by reason OF it he is unable to work {
his trade OF house painting.
Drs. Lewis W. Finn and j. Harm,
Rile testified to tho operation. The,
dore III. Pratt, John I. Williams an
h larry z. Gilmore, who were on II
: truck. testified to the acciden
Williams was tillerman and he stoppe
the truck by steering the rear vince
into the wheel which had come off.
At Tuesday morning s session, Thomi
A. Cardwell and Frank Sewer, who ha
employed Higgins, testified in his b.
half, and said he was unable to wor
since the accident.
Charles Evans, driver of the trucl
testified that there were no lights
the excavation, that it was only abo,
20 feet away when he noticed it, ar
that he used every effort to prevent q
accident
William W. Knox, life insuran,
agent, showed by the life insurant
tables, that the probable life of ma
d years OF age, Mr.. Higgins ag
would be II more years.
After the plaintiff closed. Mr.. Conra
moved for nonsuit on the ground th.
the declaration alleges that Higgii
was injured by being violently hurle
from the truck, whereas the testlmoE
was that he jumped from the truck,
Mr.. Vandegrift, for the plaintiff, Of
posed the application for nunsui
claiming that the allegations in ii
narr had been sustained.
The court granted the motion 4
nonsuit Plaintiffs counsel declip,
to accept the nonsuit and asked that
juror be taken out of the box and ii
case continued until next term.
A rule for writ of possessio in tn,
case OF Talley's administrator y
Samuel X. Finch, was made absolute