The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-01-31
JUDGE AND BAR DISAGREED
THE SUPERIOR COURT COULDN'T 90
ANYTHING YESTERDAY.
The Lawyers Had all Their Cases
Continued n Fast as They Were
Called - The Bar VIII Ask Gov
ernor Aycock for n Special Term
to Hold 1t.

Judge E. w. Undertake presiding.
The officers OF the court in attendance
were Sheriff F. II. Stedman and Colonel.
John D. Taylor. clerk. Solicitor Ro-I
lolph Duffy was here but as it was a
civil term he had no duties TO perform.
The court granted divorces. entered
up a few unimportant judgments, and
ali other cases were continued by pm
sent OF the attorneys on both sides.
Divorces were granted in the follow
ing cases:
T. H. Hall against Mary Hall; James
III. Burruss against Annie Y. Burruss:|
charlotte v. Willis against Thomas j.
Willis: T. ]. Belcher against Annie B.
Belcher: Harry Hartsfield against Bar
lbara Hartsfeld.
Other cases were disposed of as fol-
lows;
Preston Cumming against w. J..
Reaves at all. decree for foreclosure of
mortgage.
n. l. Smith VS.. Ludden & Bates
Southern Music House. motion by de-
PENDANTS for removal. to the United
States court continued.
B. F. Penny against the Atlantic
Coast Line. set for the first Tuesday Of
the mex term.
Simons against Benton, motion to
set aside judgment denied.
J. l.. Moore against Caraolina Central
Railroad Company, SET for the second
Monday of the mex term.
Sterling Cycle Co.. against NJ. P. Tay-
Tor. ct NJ. set for the first Monday of
the next term.
Mrs. J. r.. Strauss against admins
ltratriX of her husband w H. Strauss
against the city Of Wilmington ompro-
missed and Judgment Of 81. 100 entered
up for the plaintiff.
I. J. Sternberger against I. Shrier and
wife. set for the first Thursday Of the
next term,
r. G.. Williams against the Inter-
Estate Telephone and Telegraph Com
1pany. set for the first Monday of the
next term.
Sarah A. Johnson against Robert
johnson. Judgment of non suit.
W. -. DtoSoOiA CT Oh an IiSliAy
Green eft al. judgment for plaintiff.
Winehush. Muhlhouser brewing Com
Ipany against l.. We'll. judgment of non
suit. plaintiff to pay costs.
NJ. c. D. Richardson against the Will
mington Seacoast Railroad Company
action abated on account of the death
Iof the plaintiff.
TD1ll-1 -rol,c% 49, Io0 Zoo
Line Railroad of South Carolina. judg-
tment for rlaintif.
]. G. Wright & Son against Elizahett
Fowler. Judgment of non suit. plaintiff
Ito pay costs.
Rachael Smith against William ]
Smith. alias summons issued.
William Brown against Mary Brown
Judgment of non suit. plaintiff to paw
costs.
DIR. Thomas F. Burbank against the
Southern Bell Telephone and Telegraph
COMPANY. motion to remove cause &c
the United States court continued.
Bertha Jefferson against Edward JEFF.
lferson. alias issued.
The Board of Commissioners of New
Hanover county against A. l.. DeRo&set
Judgment for defendant
Sternberger Bros against Aaron Ma
than and wife. Judgment of non suit
plaintiff to pay costs.
action dismissed.
William Latimer ct al against Nicho-
las Norris ct al. judgment for plaintiff
T. c. Miller against Alfred Grafiin ct
tal, Judgment for plaintiff.
At 4:30 D. m. the court having contin-
tued all other cases. adjourned for the
term.
The term was to have been for two
weeks but 1t didn't last a day. The
reason was that there was a disagree
:nent between Judge Timberiake and
ltl1e bar about the makeup of the cal.
"ndar of cases for trial. When Judge
rimberlakc was here recently holding
lie made up a calendar himself and
1dered the clerk to have it printed. He
lset onlv three days fol trial, ten cases
for Monday, nine for Tuesday, and
light for Wednesday,. On his calendar
was printed the following: Gases will
be called peremptorily on day set. and
liz not reached that day win be tried
when reached. unless continued by con-
|scnt or Upon legal grounds"
The calendar made up by the judge
was at variance with the wishes of the
bar and they considered 1t announcement
md impracticable. The bar. therefore
met December 18th and arranged q
Icalendar and appointed a committee
consisting Of the Hon. George Rountree
land Iredell Meares, Esq. to forward II
Ito him and ask him to approve and
ladopt it instead Of the calendar which
The instructed h clerk to arrange
IMessrs. Rountree and Meares sent the
Judge the calendar and accompanied IL
with the request Of tine bar. giving al
length the reasons Of the attorneys why
the calendar arranged by order Of the
Judge vas inconvenient and imprac-