Evening journal., 1901-12-24
.FAHEY TAKES
A DEMURRER
IntimatiOn That lie Didn't
File Bond
COURT ISSUES WRIT ON him
Citizens Committee Nav Institute
Criminal Proceedings Against
Mr.. Carter
COURT ISSUES WRIT ON him

In Superior Court this morning, Will
liam S. Hilles. representing Patrick
Fahey, Street and Sewer Director, filed
a demurrer to the alternative writ to
compel Mr. Fahey TO produce his bond
of $50 600 as a director of the said de-
partment. The court issued a peremp-
tory writ on Mr.. Fahey to produce his
bond on January g. This is taken as
an admission on MI Fahey's part that
he has not filed any bond as a director
Of the Street and Sewer Department.
DEMURRER OF DIRECTOR FAHEY
The demurrer cites:
And the said defendant by William
S. Hilles, his attorney, comes and de
fends the wrong and injury, 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
relators to have or maintain their
aforesaid action thereof against the
said defendant, or to issue the said
writ. and that he, the said defendant,
is not bound by law to answer the
same And this he is ready to verify.
Wherefore, by reason of the INSULT
cheney of the said writ in this behalf,
the said defendant prays judgment,
and that he may be hence dismissed
with his reasonable costs most wrong
fully sustained.
And the said defendant, according to
the form of the statute in such case
made and provided, thus states and
shows to the court here the following
causes of demurrer to the said writ.
1. That it does not appear there
from that Alfred Gawthrop, Archibald
S. Reed. Henry b. Thompson, Peter j.
Ford. Peter w. TomlinsOn, Alfred ID.
Warner. Howell S. England, Jerome b.
Bell. William f. Kurtz and George r.
| iofccker, the REALTORS named therein
have any interest sufficient to entitle
them to apply for and have awarded
the said writ.
2. That it does not appear there
from that the said persons named as
relators have any interest to apply for
or obtain the said writ
3. That it appears therefrom that
the said persons named as relators
therein have not any interest which
would entitle them to apply Tor or OBJ
tain the said writ
T.. That it appears therefrOm that
the Mayor and Council of Wilmington.
municipal corporation, is not a party
to the said cause
8. That it appears therefrom that
the Mayor and Council of Wilmington
is not a relatOr in said cause.
6. That it appears therefrom that
ftF aft 90
mington is not a relator or party To
said cause
Z. That it appears therefrom that
the said writ cannot be issued on the
relation of the said persons named as
REALTORS.
s. II appears therdfrom that the
duty sought to be enforced is a duty
due the Mayor and Council of Will
mington and not to the said relators,
or any of them.
And also that the said writ is in
other respects uncertain, informal and
insufficient. etc.
ANOTHER SUIT AGAINST CARTER
In the mandamus proceeding against
James ID. Carter. J. Harvey Whiteman
representing the Citizens Association
said that he contemplated instituting
criminal proceedings TO test the ques-
tion Of fact as to whether Mr.. Carter
made false return in the case
lie asked that no such action be
taken on the answer by the court to
preclude issuance of perempiory man
damus against Mr. Carter. The court
took no action on the subject
BACK TO OTHER BUSINESS -
In the case of Reuben B. Seidels
administrator. VS.. James ID. Carter
Co, judgment for 1920 was recorded
for the plaintiff
The action of James r. Mitchell Il
recover $3.50 for four bales of cotton
warp alleged to have beeen delivered
to the Delaware Cotton Company was
ltried. The goods were delivered 10y
tho r.. w. a. B. Railroad Company
John Biggs represented the plaintiff
and Harry Emmons represented Tho
cotton company
Court granted a nOn-suit in the cas-
and the jury was discharged until Jan
uary 6. The panel. accompanied by tn
court officers, took dinner in the HOte
Wilmington.
Attorneys Bird and Hayes will hav
la conference with the court this after
noon in the interests OF John Lynn.