New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-25

behalf of the firm OF ]. & l. in January ls45. 70 Sc
cure him, and died in February lsi5, BY which Inc
firm dissolved. Mr. l.. refused to rsty the
assignment bat finally orderedoy The chancellor 10
assign and injunction also allowed retaining him
from collecting the debts. Motion is made for attachment
against him the ground that be has volsed the ipunc
lion and refused 10 execute the assignment The vice
Chancellor does not think be has violated the injunction
Hs Is bound, however TO sign either in person or by
solicitor the assignment which he is required do forth
with or an attachment issue for his arrest snd mprson
rnent
Maine CoURr-V illiGa Saiih VS. Benz. Bgrtoa.-ac-
ton for assault and battery in the Captain OF the bark
Inca looking on said and seeing the mate strike the
nlsint;E referred yesterday ~as SHOWN That the
,nain Insrfersd 70 prevent il Verdict for defendant
Important 20 Suitors in the Marine CoETt-]h and 9th
Ward DGrisi Reed .ibrfhff7 istel = bsisre
Tpdpe Sterling and a Jury-This action brought
BIZ Reed against Asen who Clerk OF the Marine Court
for money exscted by and paid to him as said Clerk IN
the case Of Reed Goyne. IN the said Marine court as
tris fee on said before the same was trleI IL
sppeareG from the testimony that for the process cts
was uaid the defeuGani-thst 81 Is: was also psid hn
or the plaintiff entering the csusethst the csuse mad
been adjourned four times and the last sdournec day
which was the sixth day OF March instant the deienu
ant demanded of the plaintiff. The Of 81 6S before he
would give him ticket 70 the Judge to call SAID cause
that BY rule of said Court will be called by the
Justices thereof until the plaintiff produces ticket from
the Clerk showing that the costs paid The Clerk IN
this case refused give ticket until the above sum was
psd-that the plaintiff was compelled 10 pay the amour,
before he coad GET his called for trial TIE cause
was called OF plaintiff paying the money and getting
said ticket and the defendant moved to adjourn the trial
10 the 9Th OF August which was granted by the
Cour,-the plaintiff then demanded of the defendant
is,en return the trial free paid in said cause which
he declined 10 do
The evidence the part the defendant coroborsed
the above facts but his Counsel coutended that the Ma
rine Court had right make rule and enforce Il that
fees should be paid in advance before services rem
dered That the held itself ready try the cause
on the 9th OF August and that they entitled To re-
tain said trial fee until the disposed ot and also
tina, If any one liable the Judges Of the Court
and 20, the Clerk who merely acted as their Agent
The Court charged the Jury that Mr.. Asten was the
proper party defendant and that the suit was properly
brought against him if he had taken any fees not auhor
zed by law That he the agent OF the Judges OF
the Marine Court, but its Clerk ana stood in the same
light as the Clerk of any other Court That the Marine
Court has undoubtedly right TO make rule requiring
costs be paid IN GGrGHce tor particular service aeout
to be performed by that Court where trial was about
to be commenced proceeding and also for certain
prospective fees allowed by law but TO demand on the
.h OF March trial fee for adjourned 10 be tired
on the 9th of August and to continue 10 hold on to
the trial fee after the adjourned was not
reason or lawful rule, but oppressive 10 suitors.
The Jury found verdict tor the plaintiff for - so. be
ING the amount OF trial Zee.
j. B. Manchester for plaintiff Hoffman and Wnans
FOR defendant.