Volume 27 — Delaware Reports

Action Sci Fa Sur Mechanics’ Lien (No. 36, March Term, 1910) by Isaac Richards and others against Arnold Naudain and others. On motion to strike out pleas. Motion granted. (See also 2 Boyce 565, 81 Atl. 872.) The facts appear in the opinion of the court.

Action by the H. J. Keith Company against the Booth Fisheries Company. On demurrer to the declaration. Overruled in part, and sustained in part. (See jury trial post, also, 87 Atl. 715.) Action on the Case (No. 127, September Term, 1912), to recover from the defendant, a cold storage warehouse company, of Chicago, Illinois, for damages to eggs stored with said company, said damages being alleged to have arisen from the negligence of the defendant.

Action of Divorce for Adultery (No. 20, September Term, 1911), by John Bancroft, Jr., against Madeleine du Pont Bancroft and her infant for divorce for adultery of the wife, and for the establishment of the illegitimacy of Max Hiebler, Jr., the infant. Decree of divorce and decree establishing illegitimacy entered.

Rule to Show Cause (No. 166, September Term, 1912) why Thomas S. Lewis should not be punished for the favors and corruptions alleged in the petition. The facts and the questions of law presented appear in the opinion of the court.

Writ of Error (No. 2, June Term, 1912) to the Superior Court, in and for New Castle County. Action by the E. A. Strout Company against Alfred P. Howell and another. (No. 40, March Term, 1910). Motion to strike out plaintiff’s general demurrer to defendant’s fifth plea. Demurrer stricken out. Judgment for defendants, and plaintiff brings error. Affirmed. (See also, 2 Boyce 489, 82 Atl. 238; 3 Boyce 252, 82 Atl. 1081.)

Writ of Error (No. 4, June Term, 1912) to the Superior Court in and for New Castle County (No. 119, May Term, 1907, below). (See also 1 Boyce, 293; 2 Boyce 356, 551.) Action by Frances T. Gatta against the Philadelphia, Baltimore and Washington Railroad Company for damages for death of her husband, alleged to have been occasioned through the negligence of the defendant company. Verdict for plaintiff. Defendant brings error. Affirmed.

Writ of Error (No. 2, June Term, 1911) to the Court of General Sessions in and for New Castle County, (No. 32, January Term, 1910, below). Prosecution upon an indictment charging Samuel Effler, alias Charles Heffler, with conspiring, with others, to steal $3,600 from Louis Reches. Verdict of guilty (2 Boyce 92, 78 Atl. 441), and defendant brings error. Reversed. The facts appear in the opinion.

In the matter of the proof of the paper writing purporting to be the last will and testament of Henry B. Duncan, deceased. From the decree of the Register of Wills, refusing a review of probate, an appeal (No. 96, November Term, 1912) was taken. Appeal dismissed. The case is stated in the opinion.

Action on the Case (No. 37, March Term, 1913) by Thomas E. Grier, Jr., against Meredith I. Samuel. Defendant filed special demurrer to the sixth count of plaintiff’s declaration. Demurrer overruled, and upon election of defendant judgment of respondeat ouster is entered.

Appeal (No. 80, September Term, 1912) from judgment of Justice of the Peace in an action instituted before the Justice, under the provisions of the Charter of the City of Wilmington, Section 131, relative to compensation for use of party walls. Special demurrer to all the pleas to pro-narr., it being urged that the pleas are insufficient to apprise the plaintiff of the defense relied upon. Demurrer sustained as to first plea, and overruled as to remaining seven pleas.

Indictment (No. 7, July Term, 1912), for peddling without a license. Prosecution submitted to the court on an agreed statement of facts, which appear in the opinion of the court.

Attachment Fi. Fa. (No. 1, November Term, 1912). Nulla bona (No. 72, March Term, 1913). This is an issue on a plea of nulla bona under an attachment fi. fa. on a judgment in the Superior Court at the suit of Lewis Rumford against Mary Adair, under which Morris Goodlevege was summoned as garnishee.

Rule (No. 1, February Term, 1913) to show cause why a sheriff’s sale of property under mechanics’ lien proceeding should not be set aside. Rule dismissed. The questions presented at the hearing fully appear in the opinion. (See 3 Boyce 447,84 Atl. 1030.)

Action before a justice of the peace by Layton and Layton, Inc., a domestic corporation, against Daniel W. Lawson. Judgment for plaintiff. Defendant brings certiorari. Reversed. Certiorari (No. 17, February Term, 1913) directed to a justice of the peace in and for Sussex County, commanding him to send up the record of the judgment entered by him. The cause of action is stated in the transcript of the record of the justice as an “action of assumpsit on a protested draft.

Action by Elmer Dickerson against Ira Brittingham. Verdict for plaintiff.

Action by Mary D. Schneer against Sarah Greenbaum. Judgment for plaintiff. Action on the Case (No. 82, January Term, 1913) for breach of contract.

Action on the Case (No. 37, March Term, 1912) by Thomas E. Grier, Jr., against Meredith I. Samuel to recover damages for personal injuries alleged to have been occasioned on one of the public streets of the City of Wilmington on October 4, 1911, by the servant of the defendant so negligently operating the latter’s automobile that it collided with the plaintiff and produced the injuries complained of. (See, on demurrer to declaration, ante, also 85 Ail. 759).

Action on the Case (No. 60, March Term, 1913), on a promissory note. Motion for judgment notwithstanding affidavit of defense. Judgment for plaintiff. The plaintiff filed an affidavit of demand with copy of the promissory note annexed thereto for the purpose of obtaining judgment, at the first term, under the statute. The note was made by the defendant to the order of another, and by the latter endorsed and negotiated to the plaintiff.

Appeal (No. 80, September Term, 1911) from a judgment rendered by a justice of the peace. General demurrer to special pleas. (See on special demurrer to pleas, ante, also 85 Atl. 760). The case is stated in the opinion.

Antonio Creste was indicted (No. 74, March Term, 1913) for murder in the first degree. Verdict, not guilty. At a Court of Oyer and Terminer, in and for New Castle County, beginning March 6, 1913, the prisoner, Antonio Creste. was placed on trial for the murder of Antonio Richardo, alleged to have occurred on December 15, 1912, at Mt. Cuba in Mill Creek Hundred, New Castle County.

Action before a justice of the peace by Layton and Layton, Incorporated, a corporation, against Daniel W. Lawson. There was a judgment for plaintiff and defendant brings certiorari. Reversed. Certiorari (No. 18, February Term, 1913) directed to a justice of the peace in and for Sussex County, commanding him to send up the record of the judgment entered by him.

Court of Oyer and Terminer, in and for Kent County, February Term, 1913. Benjamin F. Van Winkle was indicted for murder in the second degree for the felonious killing of Aaron Reynolds, Jr., in the town of Smyrna on Wednesday, November 27, 1912. At the close of the testimony nolle prosequi entered. At the trial, before the jury was sworn, the court made the following announcement relative to a change in the practice of confining juries in homicide cases, less than capital.

Action of Trespass by Mary S. Clendaniel against David B. Bennett, before a justice of the peace, for direct injuries to real property. Nonsuit ordered.

Action by Edith Gertrude Rose, administratrix of Charles Horsey, deceased, against The Commonwealth Beneficial Association. Directed verdict for plaintiff.

14, April Term, 1913). Motion to dismiss the appeal from a judgment on non-suit, on the ground that the transcript filed did not disclose a case within the contemplation of the statute authorizing appeals from justices of the peace. Appeal dismissed, and case remitted. Judgment for respondent for costs. The facts and contentions appear in the opinion of the court.

Action of Trespass Q. C. F:(No. 21, April Term, 1912) for cutting and removing trees in laying out a new public road under an order of court. The questions of fact and law presented fully appear in the charge of the court.

Action on the Case (No. 8, January Term, 1911) to recover damages for the loss and death of plaintiff’s husband, alleged to have been occasioned by the negligence of the defendant, in repairing certain stairs or steps. Verdict for plaintiff for six cents. Motion for new trial. Refused.

Indictment for Embezzlement (No. 28, May Term, 1912) of part of proceeds of a check alleged to have been delivered to the defendant by the prosecuting witness for the purpose of paying a printing bill authorized by the prosecuting witness. The facts appear in the charge to the jury.

Charles Burton was indicted for bringing intoxicating liquor into local option territory. Verdict, guilty. Indictment (No. 2, April Term, 1913) for bringing intoxicating liquor-into local option territory, contrary to the recent act of the General Assembly of the State of Delaware, known as the “Hazel Law,” being Chapter 139, Section 6, Volume 27, Laws of Delaware.

Issue from the Register of Wills devissamt vel non by consent of parties. The issue presented, to be tried by a jury in the Superior Court, and the contentions of the parties appear in the charge of the court. Announcement of rule with respect to taxing fees for witnesses subpoenaed but not called; also for expenses and counsel fees for contestants of the will.

Writ of Error (No. 8, June Term, 1912) to the Superior Court for New Castle County. Action was brought in the court below (No. 70, March Term, 1912) to recover damages for breach of contract in respect to the sale of real estate and was heard upon an agreed statement of facts. Judgment was rendered for the plaintiff (3 Boyce, 404, 84 Atl. 946), and defendant brings error. Affirmed. The case is stated in the opinion.

Petition, February Term, 1913, by John D. Hawkins for reinstatement as a member of the bar of Kent County. Petitioner reinstated. John D. Hawkins was indicted for embezzlement as bailee, at the April Term, A. D. 1900, of the Court of General Sessions for Kent County. At the next succeeding October term he appeared and pleaded guilty and was sentenced.

Summons Case (No. 32, July Term, 1913). Action by Lewaner Barrett against Charles J. Sudler, administrator d. b. n. of Joseph H. Massey, deceased, to recover a proportionate part of the distributive balance in the hands of the defendant administrator. Heard on a case stated by which it was agreed as follows: 1. That Joseph H. Massey, late of Kent County, deceased, departed this life intestate during or about the month of-, in the year 1911. 2.

Summons Case (No. 127, September Term, 1912) to recover damages alleged to have been sustained by the plaintiff on acounfc of the negligence of the defendant in failing to keep in good and proper condition in the defendant’s cold storage warehouse a large quantity of frozen egg product, the property of the plaintiff. See on demurrer to declaration, ante, also 86 Atl. 166.

See Motion for Judgment at first term, 2 Boyce 585,83 Ail. 935. This was an action of assumpsit, being No. 70, to the May Term, 1912, to recover the sum of one thousand dollars, alleged to have been loaned by the plaintiff to Samuel D. Forbes, deceased, in his lifetime. The declaration contained two special counts, and the common counts.

Demurrer to replication in an action of debt on a tax collector’s bond (No. 44, September Term, 1912). Demurrer overruled. The issues raised by the demurrer appear in the opinion.

Mandamus (No. 129, September Term, 1908), on relation of the National Bank of Delaware at Wilmington, to compel the Jessup and Moore Paper Company to permit an inspection of books and papers by relator as a stockholder. On motion to quash the amended return to an alternative writ, on the ground that the denials contained therein were insufficient to deprive relator of its remedy and that the charges of bad faith affecting the right of the relator were not sustained.

Indictment (No. 51, September Term, 1913), for selling a loaf of bread weighing less than one pound avoirdupois weight, contrary to the provisions of Chapter 92, Volume 21, Laws of Delaware, approved June 1, 1898.

Rule to Show Cause (No. 73, March Term, 1913) why leave should not be granted to file an information in the nature of a writ of quo warranta, returnable to certain day in said term, which was thereafter continued to Monday the first day of the succeeding May Term. The rule was made absolute on the second Wednesday of the latter term. By leave of court, the information which performs the function of a declaration was filed at once.

Summons Case (No. 78, January Term, 1913). On Demurrer. The plaintiff having filed his statement of claim, and after the intervening claimant had filed her statement of claim, under leave to intervene and interplead previously granted, the plaintiff moved to strike out her statement upon the ground that it presented no legal claim to the fund paid into court.

Summons Case (No. 64, March Term, 1913). Submitted on case stated, the question before the court for determination being whether an automobile, owned and located in the consolidated district known as “the Newark Public Schools,” - is or is not, under the laws of this state, exempt from taxation for school purposes in said district. The facts and contentions are stated in the opinion.

Action of Assumpsit (No. 65, September Term, 1913) by the Otis Elevator Company, a corporation of New Jersey, endorsee of a promissory note payable to the order of the Otis Elevator Company, a corporation of Pennsylvania, against Peter J. Ford, the maker. On motion for judgment on affidavit of demand. Motion refused. The nature and character of the defense set forth in the affidavit of defense appear in the opinion of the court.

Action on the Case (No. SO, January Term, 1913). General demurrer to the declaration, which was sustained. The questions of law presented appear in the opinion of the court.

Action on Appeal (No. 48, November Term, 1912), from a judgment rendered by a justice of the peace. General demurrer to the pro narr. containing a special count in assumpsit and another in covenant, with the common counts. The demurrer was sustained. The questions of law presented appear in the opinion.

Action on the Case (No. 59, May Term, 1913). Demurrer to certain special pleas to the declaration and motion to strike out the same on the ground that they amount to the general issue previously pleaded. Demurrer sustained and pleas stricken.

Rule (No. 1, October Term, 1912) to show cause why the judgment entered by confession on a specialty for a debt more than twenty years after the debt was due, under a warrant of attorney annexed thereto, should not be vacated and set aside. Rule absolute. The facts and contentions appear in the opinion of the court.

Application of George Tilghman for a license to sell intoxicating liquors at the premises located at 1123 Walnut Street, in the Sixth Ward of the City of Wilmington. Remonstrance filed, based upon ten reasons, which are set out in the opinion of the court.

Indictment for violating Section 13, Chapter 140, Volume 24, Laws of Delaware (No. 63, September Term, 1913), it being an act in relation to the sale of drugs and chemicals, etc. The indictment contained seven counts.

Writ op Error (No. 1, June Term, 1912) to the Superior Court in and for New Castle County—(No. 45, May Term, 1911, below. 2 Boyce 267, 82 Ail. 294). Action in covenant brought by Mary C. Keatley against The Grand Fraternity, a corporation of Pennsylvania, to recover the amount of a death benefit certificate of membership, alleged to have been issued to plaintiff’s husband in his lifetime, payable to said plaintiff upon her husband’s death.

Indictment (No. 9, June Term, 1913) for the violation of Chapter 139, Volume 27, Laws of Delaware, 340, known as the “Hazel Law”, by bringing as agent of a certain liquor dealer in the City of Philadelphia and State of Pennsylvania, into local option territory within the State of Delaware, to wit, Sussex County, two quarts of spirituous liquor, to wit, whisky, purchased by a resident of said county. Case heard upon agreed statement of facts.

In the matter of the writs of ad quad damnum issued for the condemnation of the properties of Dr. Samuel G. Elbert and John W. Goodwin. On motions to quash the writs and vacate and set aside the sheriff’s returns thereon. Motions denied in both cases.

Petition to draw money out of court. In a foreclosure proceeding the sheriff paid the surplus proceeds into court, and Clara J. Williams petitions for the payment thereof to her. On motion to dismiss the petition on the grounds that petitioner is not a legal claimant, and that the Superior Court is without jurisdiction. Petition and motion continued.

Indictment (No. 32, June Term, 1913), for the violation of Chapter 139, Volume 27, p. 340, Laws of Delaware, known as the “Hazel Law”, by delivering to one Smith in local option territory in Delaware, to wit, Kent County, as agent of the Adams Express Company, malt liquor which had been received by said company in the State of Pennsylvania, for the purpose of being transported to and delivered in local option territory within the State of Delaware, to wit, Kent County.

Action by Lillian B. James against Albert Tindall of trespass on the case (No. 22, February Term, 1913) to recover damages for the killing of sixteen turkeys and three chickens belonging to the plaintiff. Plea not guilty. Verdict for the plaintiff. At the trial a witness was produced by the defendant and testified that he saw the defendant shoot the turkeys, belonging to the plaintiff, which were at the time in a field occupied by the defendant.

Action of Assumpsit (No. 41, November Term, 1913) by J. Harvey Spruance and another against Calver Anderson on two promissory notes. Affidavits of demand and defense filed. Motion made by plaintiffs for judgment at the first term of court, under the statute, notwithstanding. the affidavit of defense. Motion denied.

Quo Warranto (No. 73, March Term, 1913) by the State, on relation of Josiah 0. Wolcott, Attorney General, against Justus R. Kuhns. On demurrer to replication. Judgment against defendant. The questions presented appear in the opinion. See also, ante, 88 Ail. 455.

Action of Assumpsit (No. 38, September Term, 1912) by the William Wilkens Company against the Consolidated Agricultural Chemical Company. On general demurrer to defendant’s special plea. Overruled. The facts and contentions appear in the opinion of the court.

<p>Action of Divorce (No. 18, October Term, 1913) by Harry C. Morris against Pearl Morris. On objection to insufficiency of service. Petition dismissed.</p> <p>See also, 2 Boyce, 583.</p>

Action before a justice of the peace by Frank J. S. Roberts, trading as Roberts and Brother, against William T. Tappan. Judgment for plaintiff. Defendant appealed, being No. 32, June Term, 1913. Pro-narr. filed and issue joined. Motion to amend the writ, declaration, and replications. Motion refused.

Action Scire Facias (No. 39, May Term, 1912) by the National Building, Loan and Provident Association against James Alfree and wife to foreclose a mortgage. Referred to referees. On exceptions to the report of referees. Dismissed, and award confirmed. Pleas, nil debit, payment, and accord and satisfaction. Replications and issues joined.

Action of Divorce (No. 50, November Term, 1913). Decree nisi containing order, for the care and custody' of minor child. The statute making distribution of minor children considered.

<p>1. Taxation—-Recovery of Land Sold for Taxes—Tender.</p> <p>An owner, suing in ejectment for land sold for taxes, will not be permitted to pay into court at the beginning of the suit the amount paid by the purchaser for taxes and charges.</p> <p>2. Taxation—Tax Sales—Validity—Presumptions.</p> <p>Rev. Code 1852, amended to 1893, p. 119, c. 12, § 14, providing that the sale of land for taxes shall be returned by the collector to the court, and it may approve or disapprove, and, if approved, the collector shall make a deed to the purchaser, abolishes the common-law rule that, where property is sold for taxes, each step must be shown by the party seeking to establish title under a tax deed, and the act of the court approving a sale returned by the collector establishes prima facie the regularity of the sale.</p>

Action-of Assumpsit (No. 10, April Term, 1913), by The Sussex National Bank of Seaford, against John W. Carew and others, to recover the full amount due and owing on a certain promissory note made by Jesse A. Wright to the order of the defendants, and which being endorsed by them was in due course discounted by the plaintiff for and on account of the maker.

Action on the Case (No. 25, June Term, 1913) by Edna M. Ranch against William F. Lynch for deceit on the part of defendant in purchasing from plaintiff real estate. Verdict for plaintiff.

Action Scire Facias (No. 23, September Term, 1913) to the use of Harriett I. Newlin against Mary B. Naudain Adair. On motion by defendant to quash a writ of scire facias on a judgment, upon the ground that certain fees had not been demanded or collected by the prothonotary in conformity with 23 Del. Laws, c. 60, regulating the payment and collection of fees in court proceedings. Motion refused. See also, 3 Boyce 441, 84 Atl. 1028.

Action (No. 125, September Term, 1913) by the Horrigan Contracting Company, a corporation of the State of Delaware, to the use of the Gormerly-Swartz Motor Car Company, a corporation of the State of Pennsylvania, against the Columbia Insurance Company, a corporation of the State of New Jersey. On motion to quash and set aside the return of service by a copy. Motion sustained.

Action on the Case (No. 115, September Term, 1912) by James Neely against the Peoples Railway Company to recover for personal injuries.

This was a proceeding before a justice of the peace in Kent County, on complaint of Wilbur Raughley charging wilful trespass by and against Charles A. David, under what is commonly known as the trespass nuisance act (Rev. Code 1852, amended to 1893, Section 21, Chapter 128, page 939).

Patrick J. Cusack and Homer H. Hickman were indicted (No. 4, September Term, 1913) for a violation of the act for the protection of owners of motor vehicles.

The accused were jointly indicted for assault and battery upon one Joseph Emory, town bailiff and constable of the Town of Harrington, while in the act of arresting the accused Fleming without a warrant. Mr. Magee, representing the latter, moved for a severance, on the ground that a joint trial could not be had without prejudice to the accused. The application was refused.

Action on the Case (No. 50, January Term, 1913) by Samuel A. Carr against the Continental Fibre Company. General demurrer to declaration overruled. See ante, also, 88 Atl. 467. The facts appear in the opinion of the court.

Action on the Case (No. 90, March Term, 1914) by Isaac Eby against the Concord Heights Company. Motion to amend form of action allowed. Counsel for plaintiff, at the appearance term, now comes by his written motion and says that he has mistaken the form of action suited to his claim in the above stated cause, and moves that he be permitted to amend the form of action from case to that of covenant, the latter form of action being suited to his claim.

Action before a justice of the peace by William Massey and others against George B. Wiggin. There was a judgment for plaintiffs, and defendant brings certiorari (No. 30, January Term, 1914), commanding the justice of the peace to send up record of judgment. Alias citation (No. 12, March Term, 1914). Exceptions filed. There was no appearance for one of the defendants.

Rule .by Peter T. Wright, receiver for the National Real Estate Trust Company, against Musa K. Branch and another to show cause why sheriff’s sale should not be set aside, discharged. The facts appear in the opinion of the court.

Action on the Case (No. 24, May Term, 1913), brought by Flora Hoffman against the Mayor and Council of Wilmington to recover damages for personal injuries alleged to have been received on December 4, 1912, about six o’clock in the evening, by stumbling over an obstruction on the pavement on East Twelfth Street in said city.

Action of Trespass de Bonis Asportatis (No. 29, June Term, 1913) to recover for the value of a horse alleged to be the property of the estate of Charles G. Calloway, deceased, which horse it was contended the defendant wrongfully appropriated to his own use. Among the pleas filed was a special plea alleging property in the defendant. Counsel for the plaintiff moved to strike out the special plea of property in the defendant, as amounting to the general issue. Motion granted.

Action on the Case (No. 61, March Term, 1913) to recover damages for personal injuries alleged to have been sustained by the plaintiff by being run into and knocked down by an automobile (being the police patrol) driven and operated by one of the defendant’s servants, on King Street between Second and Third, in the City of Wilmington. The facts appear in the charge of the court.

Action of Assumpsit (No. 40, January Term, 1913) upon a promissory note, made by the defendants, payable to the order of the plaintiff, for the sum of two hundred and fifty-nine dollars and ninety-two cents, being the price bid for a mare and a rake, at a public vendue of certain property of the plaintiff, together with lawful interest and protest charges.

Action by Frederick P. Stieff, trading as Charles M. Stieff, against Muriel Bailey. Application by Charles Green, as bailiff of the landlord of the premises from which the property replevied was taken, to intervene and to claim the property on behalf of the landlord. Granted. By the writ of replevin issued in this case, a piano was taken from the defendant and delivered to the plaintiff.

Action of Assumpsit (No. 81, September Term, 1913) by the Virginia Kid Company against the New Castle Leather Company and others to recover the purchase price of a leather seasoning machine on the common counts, with a bill of particulars, apprising the defendant of a single item of demand, to wit': “January 12, 1910. One Slocomb seasoning machine, $1,000.00. Int. from February 1, 1910.” Pleas, non assumpsit, payment, and statute of limitations; non assumpsit relied upon.

Action on the Case (No. 22, March Term, 1913), by Philip T. Trimble against the Philadelphia, Baltimore & Washington Railroad Company to recover damages for personal injuries and for injuries to automobile, occasioned, as alleged, by being negligently struck by the locomotive of a southbound train of the defendant company at “Harmony Crossing,” in White Clay Creek Hundred, on July 18, 1912.

Appeal (No. 87, January Term, 1914) from a judgment of a justice of the peace by the defendant below. The judgment was entered on the report of referees for the full amount of the plaintiff’s claim. The defendant filed a written plea of set-off before the justice for a claim in excess of plaintiff’s demand, but did not produce evidence before the referees in support of the plea, and the counterclaim was not considered by the referees.

Appeal (No. 96, November Term, 1913) from a judgment of a justice of the peace by the defendant below. Joseph P. Morgan, plaintiff below, first brought an action before a justice of the peace against one Anthony Farrari.

Action of Assumpsit (No. 67, May Term, 1911) by Joseph W. Morrow, administrator of Joseph Morrow, deceased, against Albert Frankish, executor of the last will and testament of Beatrice A. Frankish, deceased, to recover two thousand dollars, alleged to have been loaned- by the plaintiff’s decedent to the defendant’s decedent, The evidence of the alleged loan was to the effect that the plaintiff’s decedent, did, in his lifetime, upon receiving a check for two thousand dollars,…

Edward J. McCann was indicted for violating the statute requiring saloons to be kept so that the interior may be seen by passers-by and prohibiting the view from being obstructed. Indictment (No- 41, March Term, 1914) for violating Section 4, Chapter 555, 18 Del. Laws, (Rev. Code 1852, amended to 1893, p. 417), known as the “Screen Law”.

Action for Annulment of Marriage by Ethel M. Jester, an infant, by Mary J. Paries, her next friend, against Samuel J. Jester. Motion to amend form of action allowed. On the fourth day of February, A. D. 1914, the plaintiff filed her petition for the annulment of the marriage between her and the defendant, whereupon a summons issued for the defendant’s appearance, returnable to the present March term of the court.

Indictment (No. 16, November Term, 1913) against Mary E. Golt and another for receiving and concealing stolen goods, to wit, money. The jury disagreed. The facts sufficiently appear in the charge of the court.

Action of Covenant (No. 104, November Term, 1913) by Garrett S. Jones and the Rahway National Bank, for the use of the bank, against Francis N. Buck. On special demurrer to declaration. Sustained. The case is stated in the opinion.

Action of Trespass Quare Clausum Fregit (No. 3, April Term, 1913) brought by James J. Truitt against Edwin R. Osier, to recover damages for breaking and entering the close of the plaintiff, situate in Seaford Hundred, and cutting timber trees then standing thereon. Directed verdict for defendant, refused. Verdict returned for plaintiff, and motion for new trial refused.

Writ of Error (No. 1, January Term, 1914) to Court of General Sessions of Kent County. (No. 32, October Term, 1913 below). Benjamin F. Van Winkle was convicted of bringing intoxicating liquor into local option territory (ante, 88 Ail. 807), and he brings error. Reversed. Indictment for violation of Chapter 139, Volume 27, Laws of Delaware, known as the “Hazel Law”, and conviction under the law as announced upon an agreed state of facts.