New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-02
Inv d'OurIH,

SUPERIOR CorRr-Tbis Court closed an arjuOus trial
term ON Saturday It. has been In session Tor "a days
during which time 243 have been disposed ofot
This number absu, 100 were itigated Cases involving
difficult questions OF law and fact The of the
Cour, will commence this day Tie irst week will be
devoted trials The remainder Of the term will be for
arguments AZ bar.
CouRr OF CoMsfoy PLEAs-Before Judge Dsly.-
Edroard ~ Prnberton va Ro1eeR Dickinson and Henry
w. Uhum4-Ac;ion OF replevln IN Telnion 10 quantity
of goods sold BY Mr. p 10 and =" he receiving NJ the
time in pay. the paper Of Edw. l.. Pearson which was
represented by defendants TO be good bur proved not TO
be So aud the goods replevincd back already re-
ferred To- Verde, plaintiff vsung the goods s62s
Al, with $50 damages and cent? cos,s.
Before Judges U.shoeter lngrsham and Daly-D eel
sions-U Wheeler vs. KGtn-This action Of n.
spupslt in jndgueut in which there had been
what extensive proceedings 10 rejoinners denurrers
&c but before Judgment had been obtained the pantf
and defendant together and Hgreed 10 se'te the
suit without farther litigation each party 10 pay their
own costa Previous this the defendant hnd gwen up
To Mr. VIM Il King whom he had appointed his assignee,
1000 worth CT property sr COOK me de'enasn's at
.orney being made preferred creditor. The action
was formally discontinued and motion was subsequent
" made in Chambers by defendants attorney stating that
he mad given notice that mis- fees remained unpaid and
prohibiting the parties from settling TIL mis- fees were paid
and demanding OF Tie Judge In Chambers thh; the rule
or order OF disconnuance be set aside &c The motion
denied and appea! made
The Court in rendering It's opinion. renlar kec-Ihe
application in This s made by the defcndans at
torney VINO seeks compel plaintiff 10 pay him coats
for the defence upon the ground that plaintiff had settled
sn5 alter uotice that he claimed his We know Of
TO such rule relates the defendants costs before
sut-it l. only allowed where the plaintiff has good
claim and where the defendant and plaintiff compromise
hayinq the plaintiff and without having els
raid. The psiniir j. not bound. N receiv-
ing payment for his debt pay the defendants for
keeping him out Of It. because the defendants attorney
has seen i. 10 give him notice 70 that effect /, would
be rnaaes;!y against public policy hold 10
might .cte with his creditor
ne first pays his attorneys costs Il Il sufficient say
that the rule which the defendants attorney relies
does apply 10 defendants before verdict sp
peal dismissed
received claim from 4. Baiare, Havana against Mr.
La Cosie cigar dealer, 1885, Broadway. Obtained 1dg
1ert By default and seized execution his Of
goods Motion was subsequently, made at Chambers by
defendants counsel I'd vacate proceedings the ground
OF want Of notice which was denied, and appeal made
Finally order made thar The default should DO
opened bur the levy under the execution remain
curity unless the defendant gave bonds Tnis also
appealed from. Appeal dismissed.
L. 3. CIRCUIT Coc8T-Before Judge Betts--Tha ,rtal
of Peter Scott John Roney and Samuel Phillips for
Continued. The Mosem already sta'ed put into the
Cape OF Good Hope eaky, when al her crew LEFT her,
and the prisoners rial. with seven others we're
shipped take the vessel Pernambuco and thence 10
New York Il is claimed for defence that the men had
right refuse working fhe ship and 10 demand her be-
Ing put back the captain stated on the urn being
shipped the leaked but two inches and half
an hour whereas she leaked inches an hour. The
Court charged that refusal had been made oy the prison
era AZ two distinct do duty, and the main CUES
ton was whether or the ship was sesvothy, or
she was In such condition a. 70 justify the u
cnessrr the captain 70 put back unke port The
Jury returned verdict Of guilty.