The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-11-23
THE REPUBLICAN,.
VEWPORT,
THURSDAY MORNING, Nov. %, 1896.

CIRCUIT CoURr.-The Circuit Court
holden IN Providence last week by Judges
Story & Pitman, rose on Saturday at 2 o.
clock, p. NJ. having been in session three
days and n half From the Providence
Journal Of Monday, we are enabled to pre-
sent our readers with the subjoined par
ticulars ofthe proceedings of said Court.
The following disposition has been made
Of tho causes pending before it, viz: Ger
tilted to the Supreme Court for decision,
on Disagreement between tho two Judges.
three, viz. Edward Mason, vs.. Nathaniel
Halle, involving the important question,
whether debtor leaving jail by virtue OF
n bond given under the old insolvent law
Of 1856, which law has since been pro-
nouncod unconstitutional, committed an
escape, so as TO render his suretles liable
Same VS.. George Baker, precisely the
same question and William G. Gardner
VS.. John A. Collins, also a difference OF
opinion, as 10 the right Of the half blooA to
. take al estate by desc mt, with the whole
blood, under the Rhode-Island. Statute of
desconts. argued at the last term. Judge
Story, stated, that there was diversity
of opinion, in the Court, whether the
Plaintiff was entitled to recover or not,
and the cause would therefore be certified
30 the Supreme Court for their decision.
What the difference in opinion was, was
not stated, but it is understood that Judge
Story is for the recovery, Gn favor of tho
half blood inheriting) and Judge Pitman
against il.
Dismissed 5--Among these, Levi Phct-
ilpace VS.. Daniel Sayles: bill in equity ia
set aside certain conveyance of land to
Sayles, on the ground of fraud toward
croditors-Judge Story delivered the opin-
ION Of the Court in writing, (the case hav-
ing been continued from former tcrm,)
establishing III effect, tho validity Of the
conveyance. Ray a. Scott va. Joseph
Underwood in this case, Plaintiffs were
citizens of Massachusetts, and the Defcn-
dant of New York. The Defendant was
not arrested in this State, but copy oI
the writ was served on person here hav-
ing his property in possession, as garuish.
cc. The Court said, il was the settled
practice, that they could have no Jurisdic
ton, where neither party was citzer
cf the State. Plaintiffs must go out o.
Court
toWtHUtu- ltScS hHlOnn uCIi
David Wilkinson VS.. Stephen Jcnckes
aud others. No. Is, Same vs. StcphoI
Jcnckcs; six cases United States VS.. Geo
ID. Wolf, on Custom House bonds Tho
Leland, and others Va. David Wilkinson
United States vs.. Freeman's Bank, wri
OF injunction continued two bills in equi
ty, allowed TO be answered Sd day Of IN,
term, and continued.
Disconiiaued--S. Ofthese, Richmon,
Manufacturing Company vs.. Henry Starl
aud another, for selling goods under til,
price limited by consignors, but acquiescc,
IN by drawing for the amount, after rocciv
ing account of sales without obiocting I,
said sales under the price limited, whicl
the Court decided was an ailirmance O
the acts Of Defendants; Russell Hortol
IS. Thomas Soiklc, action of SANDER.
Report. Mary Smith vs.. stephen Dur
ilngame, referred TO Richard w. Greene
as master, TO ascertain the rents and pro
FITS, making all reasonable deductions.
Defendants submit 10 jadgmeni, Go
these, David Curtis vs.. solomon Town
send, action for use Of Plaintiif IS patout i,
manufacture of hat bodies--iuiamen
$500 by agreemen, Of parties John Cat
lin VS.. Samuel Gladdng plea to jnrisdic
ton, that Defendant is a citizen of Cor
necticut, and not OF Rhode Island -ple,
ovarrulei and jurisdiction sustained. an,
slbnission TO Judgment.