New-York daily tribune., 1845-03-04
srpEKIOE COURT.
pntn.n Lndre OAKLEY.


Jhi, CONT couu,erced It's Term yesterday There
Il causes on the trial calendar and y on the ccruora
calendar The trial calendar was called dow" 10 ., lbe
argument calendar viii be called oh Monday next before
fall Bench.
Li,a,, E. Ct,oley -. George r. GtiisH-Mr. g. arrived
hero from Philadelphia September last wien ne was ar
rested at the suit OF Mr. Cooley and ned 10 5louo ol
Motion is have the order for special Dali rescced
and Nr c. be required give only common ball. An nc
tun brought by him against Hr Cooley ior assauI h'
battery il appears then pending and 1t c1ntendcd
tha. Mr. c. had been written TO by LIS Counsel Ieues's
him In he here as witness for the Poop on the 3th lie
arrived here on the 0ih, and was arrested a the sui1 OK
Mr. Cooley the 2h. 1t IS cotended tna' rs ne cAle
here voluntarily and before the 3th he was not unscr te
nroecOn the Court. and was therefore !is " ' H
| 10 special bail. De is.on reserved
Dycr.tox,-Ei,rard WIitereR and otlTi Ttstee' DE-
RS rcob cktr SherigAction against sHs shefii W ,3''
compelling him 10 give an account Of le , y. NJ
fes, an Isolyent debtor. when ne had altdceu a 20
IIn Enonst and removed IA Courtiandt-st but FOL
lowed and taken from hun By lahdofa warrant ior ue
-ert ofSo 100 Fulton-st III appears in' hci'eah hau
hsd No 100 from third pnrty who had rented from The
! landlord. His oneeis' Vie''oa' " ~ ee A''' ~ ~
~, ~, tri The Court charged that II Mclean hired Of
h n,1t for even hour less than the full term Of his
-, , rrp.t he considered su5-tenant and his goods
mid NOT be followed but If he hired Tor the whole time
.ba ,he tenant did be must BE- considered AZ assignee
u the landlord had right 10 follow and take his effects
fo Of rent and the Sheriff In the latter case
would no; be liable. The jury found that be bad been an
assignee and gaze verdict for the Sheriff. Motion IL
mad. for new trial This Cour: does consider the
charge or the finding wrong and considers that goods taken
by attachment Ike ose taken by execution are SUBJECT 10
IL. landlords lien. New tEiHI cehicd.
Gis SdHd0rd AID oters rt. Ja'eI 4 Sec-RelatVe TO
lumber in tie yard Ae.srs Potter Scott Motion for
new trlal denied.
Tao,na; Huqie, vs. CharG,s 4. WooL-y.-Ths was De-
murrer 10 declaration charging tie defendant with Is
and battery, and false Imprisonment Nf. "oosey
is Of steamboat Sarrassisctt beDnsins 10 the
Scw-Jer.cy Company Mr. Hughes on tho i1h fesrrafy
started - passenger the boat 70. stoningion and when
about miles New York. Capt. Wooisey discovered
he had letters In his pocket, when lie minediatey
forced him into the small bcat Alongside end put MN on
The present action is brought 10 recover Damages
for the assault, &C. Two special peas were ieroec st'
that OF The Na-ragansett had contract WIN
the Post Office 10 carry the mail, and had entered INTO an
agreement with the Post Once not 10 permit any person 10
CARY aahc under The penalty OF 500 Tor ech Oh
eRce, and the Postmaster General he al liberty 10 hhli
the contracts that M Hughes engaged Transporting
naabe matter without permission o! The f0st ul.i {, ai4c
the fact coming 20 the knowledge Of defendant he request
et Ny Hcshs step into tie boat fcr aongsie ana 70
90 on Shore with which reasonable request he refused
TO comply, whrn defendant gently a!c s mans upon pA
t 10 put him into tie boat &c. I'd, that that The price
Of passage was So ard ta; the plaintiff refused 10 pay Il
TO the latter the plaintiff replied that he naa paa te OH
paDy Si00 for the passage OF himself and another person
til Decelbe and embracing the Cay spoken Of, bur one
TIC Two to be board any Ie which was The cas'
al the time Of the assault complained Of and the Captain
knew it, IL i. the defendant stated tit th
agrceIen; for 500 had been obtained by fraud &c.
The Chief Justice, giving the decsicu Of the Court
commented with severity TIE ea Of the Steamboat Go
r its own private gsin making contract with tbs Pos
ofce which would impair tho rights OF pas;ensers Ee
ing common carrier. is doubtful if after atversf
and giving dne notice persons, that they would nave
right prevent individuals having ettsrs TO aAe ps
That question IS not necessary 10 decide !hey ci
,aly have right, however after person has oeen G
nted 20 take passage, and when ne has p.oceecen p
the Way and becarsc the Captain finds te mas sD.e
in his pocket forcIby him on shore ahG COMMIT -
violence upon him. On that point the nlsistt -
for plaintiff On demurrer 10 the o'her p'ips t I'm
.istTon sgreeIueu the sn;if has not fully set '0f'f
.a 80, 80 the IndcIne;t oil demurrer must be for de-
fendsut VIII liberty TO ether party 10 amend &c
Joseph ,Fo.d rs Daab! 2. Rstng-Aenon % lecoEe
e To- difference OF value The original sale and
- - ~ ,,op /. having been hrs; sold 20 al irrcsponsi
bic pe,son during falling market The Court thinks ih'
brossr acted every way correct IN relation TO hs uansac
| ton. Motion sor rew t-ii tsuisd