The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-09
Huuarior C0urf.


Before Chief Justice Jones and Judge Oakley.
APRIL sh -Decisions-In this case an action wa
titled generally Of the term although the fell due
the seventh day after term commenced The defendant
attorney took objection to the caption Of the declas
ascertain if it was tested the first day of term Th
plaintiffs attorney made affidavit stating that the bill
put into his hands the day after due and tina
the teste OF the writ the day which issued th
the court thought sufficient why the posponemen'
of trial should be allowed.
ton was brought for assault and battery and false mpr
sonment court martial was held fine of SO imposed,
it of the goods and chattels ofthe plaintiff and If good
were found then to take the body and deliver it 10 th,
keeper Of the city prison. but first directing the Marsha
infant of full age The Marshal returned that he had
sped the inquiry and that plaintiff was Of full age but
goods chattes were to be found, and then took the
body For this taking the plaintiff declared and defend
ant pleaded, that no improper violence was used The
plaintiff demurred on the ground that fine OF u cents
was demanded for fee, that the court martial
properly organized and that the arrest made for the
fee as well as for the fine Then comes the point before
the warrant in pursuance Of the statute, and did
it give proper authority We think the 10th Johns
which in alluson to the between Great Britain
and this country in 1884, bears out the objection APP
pears to the plea does not sufficiently show the court
martial was properly organized to impose fines and is
We're properly constituted and organized before fines can
be imposed here nothing ia shown but mere delivery
of warrant signed BY body of men calling themselves
court martial think therefore that the warrant
defective, and the plaintiff must have Judgment with IL
bery to defendant to plead de payment of
within ten days after notice Of this rule.
Benjamin Day vs. Moses Y Beach.-1n this ac-
ton for libel brought by the plaintiff against defen
dan the declaration contained three counts to which the
defendant filed pleas denying all the matter stated in the
two first counts and ustifyng the matter set forth in the
third count in general terms not seeing fit TO disclose
what the is but avering that if such ustca
ton is true and proved that it iuses the charges the
face of the libel To those pleas the plaintiff demurred
the ground that defendant did not spread the record the
matter of Justification. Judgment for plaintiff with liber-
y for defendant to plead de in ten days after service
Of this rule
Hooard The City Fire Insurance Company--This
was motion for trial the ground that proper
testimony not admitted, and also the ground Of
misderecton in the Judges charge We are OF opinion
that the Judge took the correct view Of and he not
bound to let it to the jury, and the motion must be de-
MED
Maibee Bedumon Motion to set aside report the
ground that referees erred in allowing certain also
conses fees for extra services and the further ground
that they had allowed certain debt under conditional
promise made by plaintiff after he had taken the benefit OF
the bankrupt act Report to be aside unless il is
dfed to exclude the allowed under the condi
tional promise.
Eseeso Heriek.Ncw trial granted on pay ment Of
costs
Graham VS.. Richards--New trial granted
Before Judge Oakley.
ArRn s.-Pster Murray VS.. Peter Smith Ery dc-This
was an action brought 70 $3.50 The question
turned on point oil law and the Judge directed the Jury
to find verdict for plaintiff subject TO the opinion Of
| Court on bill of exceptions