The Wilmington daily Republican., 1902-01-11
GENERAL
SESSION COURT:

| In Genera! Sessions Court this
morning, the application for a liquor
license at st. Georges was granted to
Harry c. Clark. W. s. PrIckett. At
torney at Law and Order Society pre-.
sented remonstrance from the citl.
zens Of the neighborhood, opposing
| the license. on the ground that Ed.
ward Gam who formerly kept the
hotel had violated the law and for
feited his license for two years. And
further, the place was not needed,
Walter Fl. Hayes appeared for Mr..
Clark.
The hotel is the only one In St.
Georges and until Gam lost bis II.
ccnse had run a bar for about
twenty years.
Mr.. Pickett insisted that the
people did nor wanta Licensed hotel.
"There are some people that don y
want a licensed hotel anywhere; but
We don't run a prohibition COURT"
remarked Judge Grubb
The court decided to grant the II.
cense without hearing any testimony,
except to receive assurance tEat Clark
who has leased the place, will run 1t
for himself and not for Gam. The
license had been refused at TIE last
term Of court on the ground that Gam
had given away liquor on a town
election day.
In the case Of the State W. The
Delaware Surety Co., an al Pill ;atIon
to annul the charter OF the company
for filing false affidavit, on applica.
cion " David T. Marvel was con-
tinued until the February term.
Francis M. Walker was appointed
commission to take testimony In
the crossdivorce case Of Beulah Burn.
ham vs.. James H. Burnham.
Mrs. Burnham made application for
sufficient alimony to pay the expenses
Of her case as she was not able to pay
her attorney and costs.
On Monday Mr.. Walker will make
reply. Martin L. Smith was grant
ed writ of habcas corpus for the re-
lease of Joseph Roberts who was ar
rested on last Wednesday by officer
Gordy, and hearing will be had on
Monday.
Roberts claims that he was guilty
of no act for which he should be
locked up The charge put ag ainst
him was that Of trespass.
The case Of Thomas S. Lewis vs.
Wilmington City Railway Company
involving the taxation Of the COM
panys road bed.was continued until
February. The defense will be
that the roadbed is not real estate, ~
and second ii it Is decided that is
real estate It has not been assessed
properly.
The Court rendered an important
decision IN the case Of Eva Szyman-
ski VS.. +. Blumental & Company,
sustaining the contention Of Levi q.
Bird, Esq, attorney for the plaintiff
that the writ of foreign attachment
issued in the case was legal and val >.
id.
The affidavit was issued under q
recent act of the Legislature, passed
in March 1901. While the cause Of
action which was an Incident result.
ing in the death Of the PLAINTIFF
husband occurred in January 1901.
Several months prior to the pas
sage Of the said act by the Legisla.
ture Mr.. Hilles the defendants
counsel, contcnded that the act Of
the Legislature did not apply to this
case when it arose prior to its pas-
sage.
MIR. Bird eontended that the act
Of the Legislature did apply 10 all
causes Of action existing atthe date
OF this passage. Sihce ia its oper.
alton it only related to the remedy
and did not affect or abridgc any
vested right.
The court sustained Mr.. Birds
contention and held that the act Of
the Legislature did apply to this
case and therefore refused 10 grant
the writ
The court sustained the demurrer
in the case Of Pierce vs..
Warner Walker aud Townsend
represented the plaintiff and John
NieIds, the defendant.
The demurrer filed by II. II.
Ward in the case Of Agnew vs.. J.
Edward Addicks. twas sustained.
S. Hilles represented Ag-
new.
Ia the case of DR.. Leonard Kit.
finger vs.. The Peoples Mutual
Live Stock Insurance Company Of
Philadelphia, argument was mada
~ demurrer by Julian G. Walker.
l.. l. Handy represented DR.. Kit.
inger The dcmurre: was not
sustained.
Court adjourned until s. 80 o'clock
morning.