New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-01-29
CIT IN T ELLIG ZEN E.
SATURDAY.
SUPERIOR COURT ........ Before Chief Justice JONES
and Judges OAKLEY and VANpERpoEL.

SUPERIOR COURT Before Chief Justice JONES,
and Judges OAKLEY and VANDERPoEL.
DECISIONS.
The People, eT rel VIM. Gilmore vs. abraham
Grsen-Appicaton witness for damages for
attending summons. The Court stated that be
shown that witness had been duly called and failed to
pear which instant proceedings be had if in
tended to hold him for In this such had not
been done yet the put and thereby adj
mied the contempt He is therefore liable such penalty
as the Court may deem be proper within the Statute His
absence does appear been caused by disregard
the Ordered that defendant be discharged paying
costs OF attachment.
Michael O'Connor, executor Of John Pye, de-
ceased 4aron .9ddns and oherS-Case OF appeal from
the Marine Court The defendants builders and
carpenters and erected flight OF house be-
longing ased the lcih =. ard They brought action
TO recover $50 S. The claimed that Mr. Oakley
had the the house, and that Mesrs AllnS
and Hawkins should have been paid By him. The Ceu in
It's decision stated that the Justice below verdict for
Aessrs Addns Co.. and the brought certo-
ra The idea sfnonexisence oparneIhp was not urged
below, and late The objection the lower Court
that Messs Pye Che SOM and knight tsoninaw OF dscd
interested witnesses denied and therefore Ia
city admitted witness has stated that he worked day
the stairs for A H. and that they paid him. Judgment at
Armed
George E. b. Leote ads VIM. w. Saouden.-
The Justice in the Court below allowed judgment Of
suit hall! past O'clock when he had adjourned the
T. but fors the circumstance Judgment reversed
Frere Edy VS.. Vim. L. ,Simers.-Case of appeal
from Assistant Justice French The bill for SAL for
schooling of Mr. Simerss children aud judgment siven
IN favor OF plaintiff ltwas appealed on three grounds: l
lat short summons issued without taking security 2
st kobins the marshal who served the summons acted
counsel for plaintiff and disqualified for such and the
gsainIih not personally appearing ont of Court aud
should have been nonsuited and 3d. W DILL was the
To the point {security) the Court considered that it
o Gen waved and the OBJECTION comes 100 late As to the
sns as that PROHIBITION extends only to tn, cou
ia anseTbns he bill As TO The amoaat dar i, Was
a. one time admitted and the Justice below settled that
judgment affirmed
Clinton RoosereH vs.. John n. 1'aylor.-Appeal
from the Marine Court Action TO half the
III Teplevn suIt (Shaggot Lasak) amounting TO $50
Roosevelt the habit of collecting debts but not
attorney Taylor and oral arrangement was en-
cred INTO between them tina, they TO occupy ONCE
and divide receipts In the repevin suit there verdict
io Soo ana so % taxed Taylor and Roosevelt disa
seSa ana se2eso dhe amount OF verdict and costs was
TO Roosevelt 81 which Inc costs to the time Of sep
below allowed judgment nc!ans one hall counsel re 10
Taylor the ground that the business came to the Office
tina, such agreements that between the ICES ought no: 10
encouraged BY the profession or by Courts of Justice
been held violation flaw and should be irowned down
the receipts Of Taylor including COUNSEL les Q! sa} went
eeyoGd because at The furtnest he could only
have half the costs. Judgment reversed
Eramet RhSk vs. Samuel w. ID. C00S.-Appeal
from Justice 5,h S,h and 18Th Wards Court. Rusk sued
Cook Tor the aue barrel of moasses which the
walk with Others front OF his store struck by the
plaintiff aad the contents lost The defendant showed
by witnesses tina. the molasses within inches OF
;h ed of the curb stone aud thar TIE b,rre could
D. s,rack with thu hub of the wheel without soa: hs
side walk He conrended ihi, turning his cart the hub
struck the barrel and destroyed The Justice below
udsan, for defendant from which appea! was made judy
ineut affirmed
Joseph Mt.chelivs. Joseph Rottger aud Rod
nty-apPral the M,,ine Court-lt was an action OF
0orerto $780, beng for clothing and bed and bedding
SAID TO have been fociby detained by defendants IN me
mouse al which Mitchell had boarded The Court below A.
io"e Tort because said defend OF
Inc sool eyiden is how hey came BY them
and assumed thai the $780, also that no io"i
"a necessary. The Court considers thai the ut CT
err-d Juds .euJ reversed
Joha J Hiachman VS. VIM HcDonaid.--Action
goo %n note Jugme.t affirmed
Gilbert 4. Wsikins and others vs.. NathY Pearce
New trial allowed
John Peek vs.. Jeremiah Day.-New trial denied