The Wilmington daily Republican., 1901-12-24
'Mk. FAHEf
ANSWERS.

dJullulStIdIOTo w. JuUltS ~ C0I VOL
and Company, judgement was given
to the plaintilT for $500. Harry En-
mons represented the plaintlg and
William 5. H'lles the defendant.
The case had been referred to
counsel and Mr.. Emmons stated that
they had agreed upon the above
Judgement.
William $. lIiiles. counsel for
Street and Sewer Director Patrick
Fahey filed a demurrer to the alterna.
tive writ TO show cause why no
should not produce his bonds.
Mr.. Hlles in his demurrer said:
And the said defendant, by vii.
liam S. Hilies, his attorney, comes
and defcuds the wrong and injury,
when, etc. and says that the said
alternative writ Of mandamus, and
the matters therein contained, in
manner and form as the same are
above stated and set forth. are not
sufficient in law for the said REALTORS
to have or maintain their aforesaid
act in thereof against the said de.
feudant, or TO issue the said writ.
and that he, the said defendant, il
hot bound by law to answer the
same, and this he is ready to verify!
Wherefore, by reason Of the :insulf1-
cheney Of the said writ 10 this behalf,
the said defendant prays judgement.
and that he may be hence dismissed
with his reasonable costs most
wrongfulIy sustained.
And the said defendant, accord-
ing TO the iorm OF the statute ID
such case made and provided, that
states and shows 10 the court here
the following causes of demerer 10
the said writ.
THAT it does uot appear there-
from that Alfred Gawthrop. Archi.
bald S Reed. Henry b. Thomp-
son, Peter J. Ford, Peter W. Tom
linson, Alfred d. Warner, Howell
S. England. Jerome b. Bell, Will
liam f. kurtz and Gcotge II. Hof-
fcckcr, the relators named therein
havs any interest sufficient to en-
rills them to apply for and have
awarded the said writ.
2-That it does not appear there.
from that the said persons named
as REALTORS have any interest to APP
ply for or obtain the SAID writ.
That it appears thereirom that the
said persons named as relatOrs therein
have not any interest which would
entitle them to apply for or obtain
said writ.
That it appears thcrcfrom that Il
Mayor aud Colnci! Of Wilmington a
municipal corp,rai;on ii not a party
to the said cause.
That it appears thcrcfrom that the
Mayor and Council Of Wilmington is
not a rclator in said cause.
That it appears thcrcfrom that Lie
city treasurer Of tie city Of Whining
ton is not rclator or party to said
cause.
That it appears therefrom that the
said writ cannot be issued on the rca-
ton of the said persons named Il rela-
tors.
1t appears thcrefrom that the duty
sought to be enforced is duty due
the MavOr and Council of Wilmington
and not to the said rclators, orr any Of
them.
And also that the said writ is in
other uncertain informal and nsuili-
cient, and &c, William llillcs, for
respondent.
The court thought the reason not
suficicnt and refused 10 allow the
demurrer
Mr.. HIlies noted an exception to
the ruling of the court and the writ
was made relurnable on January
6.
Mr.. Hllles stated that President
Webster had returned from Ohio
and would be ready to answer on
January g.
J.. Harvey Whiteman, Counsel tor
citizens Committee OF Fifty, stated
that in the case OF Director James
D. Carter. he Contemplated insti-
tutng criminal proceedings TO test
the question OF fact as 10 whether
Mr.. Carter made false rcturn.