New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-31
Law Court....Deferred.

CIRCUIT CoURT. March = -Before Judge Edmonds
Case of P0tter-Ihe counsel Tor Potter were allowed
ill Wednesday next IN which 10 apply for certorar
the Supreme Court. This was argument day but As
there was no IRE IN the Court room, owing il said
10 the Corporation not furnishing the Door Keeper char
coal 70 II, Ike il with. the Court az burned
SUPERIOR CorRT.-Before Judges Jones Oakley and
Vanasrvoel-D 81 o ms -EHiot z. CotreT vs. Isacc
S,sncs--Appeal from Justices Court Two ses com.
memo ed by attachment The Justice right in
permitting s;daviis Tor defendant before Trial judy
Sannsi S. EcoG and I'm Hood vs. Isaac Markk-Ap.
pea-Where plaintiffs live in different Wards they
must bring action in the Ward Court in which the de-
PENDANT resides Judgment reversed
John H. Merrill VS. Tioma, MeSorlay-Appesl-Ac-
ton of troyer 10 recover the value of quantity OF keys
Cbelopeing 10 a house, carried of By tenant judy
Judgment affirmed The cost of the appeal will be
about $50.
Az. Cummings vs. John K. Eeed -Appeal-The Jus.
tce had no right 10 withdraw juror. Judgment re-
versed.
John S. Bets & Co. H. G. Lr-nors of tro.
yer TO recover goods sold at auction and delivered bur
conditions not complied WIN an ojet being claimed
The Court stated that where delivery is made without
sta ting that the terms Of sale must be complied with
action OK rover cannot be brought the goods
witness on the last trial after testying from
raudum said he did recolect independent OF the
rnorauduu This will not answer unless be can show
good cause that the memorandum was correct. New
Trial granted on payment OF costs.
Joseph TggersoH vs.. I'm s. wilkins and G. W. Rodgers.
-Aopeal-Judsnient reversee.
SUPERIOR CouRT-ln Cham ber s-Before Judge
Vanderpool-Poin; OF P ractce- Cahfedvs. Stadie-On
motion in this by Determination plaintiff 10 tie security
for COSTS Order had been mace for discharge otdeendant
on common bail and notice Of appeal given but com.
mon bail entered and this motion made, which OBJ
ected To- I, was commended By defendant that he had
right 20 and perfect he bail in the absence OF an
order for the stay OF proceedings The Judges held that
a notice of appeal suspended the order appealed from,
and that an order staying proceedings unnecessary
Motion denied but defendant al liberty TO renew it on
,--Nlai NJ
for defendant
CouRr OF COMMON P1EAs-Before Judges Ulshoefer.
Ingraharn and Dsy.-D c isions.-ChGries Hd-es va.
Joseph Gulick-The Court said this IS action Tor as
sault and battery and false Imprisonment. The defend
ant ustiies As officer OF Court Martial and acting
under its warrant. in collecting fine of 81 and costs
against the plaintiff The plaintiff IN reply ayers an
abuse OF authority, the legal costs were only 81 Is
whereas the plaintiff imprisoned by defendant I'M
less he paid the fine and 81 80 costs and the defendant
demurrs TO the replication.
LIST Because the Of fees costs did not destroy
Inc protection afforded by the warrant for the fine and
lec,l costs and that the therefore justified
TO this the Court replied-Pernaps there could be no
doubt that the plaintiff could receiver back the excess OF
costs IN An action on the counts in assumpsit,
and probably could have sought satisfaction in action
in the case hut the point is whether the imprisonment
of pan unless he paid the excess Of COSTS rendered
The defendants conduct rcspass al intro. p
Il strikes that that the warrant to the officer being
general as to costs imposed upon the officer the entire
responsibility such cossand il he arrested and
imprisoned the plaintiff tor more costs than the law al
lowed the warrant not intended TO authorize or
instv the officer in the eXacon OF fees than the
law allows him he assumed the risk Of arrest and i'm
prisoning the plaintiff tar the costs were the cause
It was the act Of the officer aud of the Court Martial
if Illegal fees asked and il the plaintiff was arrested
ard imprisoned therefor it was srespass by the officer
There were other similar points 10 which the Court
remarked" If the defendants argument was supported
he might have arrested and imprisoned the party for any
amount costs his discretion and the warrant would
be a protection" Judgment for plaintiff on demurrer.
defendant may amend on payment OF costs.
FIiidR Lynch 80. EJsnf:r Wtish-lhe stipulation IN
the cosnovir did not prevent the plaintiff from sueuR Tor
the balance due on his judgment Verdict for plaintiff
of Sl2l5 confirmed.
EsLs,ou u B.pteVe Cornelius York ct Gl-A note OF
$500 left for collateral OF check given for loan OF
5000 ia not necessarily usurious That is question tor
the Jury q Hill 30) Verdict for $500 on The note oil
$500 confirmed and new trial denied
Benz. y. Godfrey va. JOHN F. Gruady-On note. he'
ferr.d hack.
George HARDEN vs. .1ota Cutler and Judgment
for plaintiff on demurrer.
BoARp OF SupERvIsoRs-rhe Mayor in the Chair
Several petitions Tor the correction of tax were re-
ccived and referred.
The Committee annual taxes reported In favor OF
correcting persons named and denying others
This Committee recommended that the applications OF
the Howard United States Eagle, Sew-fork. Guardian.
Merchants Contrbutionshp, Manhattan. Ena. Jeiier-
con North American. East River. Marine Fremcns and
Trust Fire Ins. Cos. for reduction Of tax, be denied
Adopted.
The Coroncrs Bill, amounting to S25Oo, received
ard referred
Several Bills were referred and others allowed
among the $50 Mr. Tayler Keeper City Hall, Tor
meals TO Polly Bodinc
Adjourned In Thursday.