New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-11-11
Law Courts.

Law Courts.
CouKr OF APrKALs-The Court was occupied the
whole Of the day in hearing the case commenced
on Tuesday.
UNITED STATES CrRcuIT couRT-Bsfore Judges Mel
500 and Beus.-AHstiH Packard We jams HasoH-l re-
lson 10 Psten,-Agument IN this case was heard and
decision held for sdyisement
same as TO patent OF TA0nas Pr0ss1 Va Leri and
Moses Cook
Judge Nelson gave decision In the appeal case Of
Joseph Nssksfk va Steamboat Joseph Cefee The Court
considers she is "a ship vessel within the meaning
of the statute Of the State giving lien for building
repairs Decree Of Court below affirmed.
CIRCUIT CouRr-Before Judge Edmond, john Par.
aele, It al vs. Hcnry L. PAUhps ai-rhis case occu-
pied part OF the day Tuesday but discovered
that one OF the defendants is dead. juror with
drawn. and the plaintiff adIudged 10 pay defendant,
costs of preparing for trial For PLAINTIFF Mr. +. c.
Gray for defendants, hr WIN. }. sharp aud Mr. Jor.
dan.
SUPREME CouAr-H abeas Corpas-The application
ca behalf OF James s Holman before Judge Edmouds to
be discharged from commitment 90 charge Of PERU
ry (afesdy referred to- denied the Judge ccnsit
eTine there was probable cause sc
CoURr oF COMMON PLEAs-Beiore Judge Ulshoener.
John Frank JOAN SAepdrd-Mr. +. is q German
cgsr maker. lie hired shop and bsck room Al 20
Avenue r. from Mr.. Shepard 10 which 10 carry on bic
business and reside, The rent payable monthly In al
vance Several months we're thus paid but on the siih
April Mr. claimed b be paid fOf the month then tall
ing due and seized upon the show case cigar press
lamp. and qusDtity Of cigars OF Mr. r. and his family
sisted BY counsel we're forced By circumstances %
leave the building Mr.. claimed the right ~ this sum
mary proceed ng under printed mortgage now In use
appended 70 the lease The anount OF rent sli9g due
about SIS and Mr. + contends that Mr. ; took pro
perty worth So but the other side said % Do worth
bu, 81 Mr. brings scton 0i uesYsss sverrins fraud
IN getting him 20 sgn the lease, Mr. : reading II 10
gentleman named Wsshbufn. who Interpreted u 10
Frank the latter bring Germany but be did not resd
thai part whereby Mr.. was required TO mortgage ali
the personal property be might place the premises
secuityaso that after taking the property Mr. : did
not sell according 10 the terms Of the mortgage but
stored and retained the articles.
The Court charged that although the law has taken
from landlord the power 70 cstrsn tor rent = doe,
not prevent him taking mortgage In the manner OF
hsse leases security Of taking possession IN ad
vance the only question 10 whether Mr. Sheppard. IN
plaintiff, suppressed suy important feet and II h
omitted TO comply with ire terms Of TIE mortgage Of
tervsrd n he did be 10 liable In damages II not aver
die, must be rendered IN his favor.
The counsel for plsnt1 stated that Mr. Shepherd
always this hind Of leases and hsd stated thai be
had beaten tenants In thrtc suits brought against him
tor taking property under them The Jury gave yer
Dict Tor plaintiff OF SO
Be;ofe Judge DAILY -6s0rzs Pearos 3 Go .. R5bt
Szui-MOtiou to recover s25o0, amount OF Oil %
goods sold % smith 4 BlsckwOot. recommsndstiot
OF defendant already referred To- Ths after lon.
and able summing up By Mesrs. Cutting and Gsrsrd
and charge from tie Court which occupied nearly
two hours and the various points OF the az sod tesu
mony exhibited given % the Jury yesterday hsv
ing occupied nearly two weeks In the trial Verdict o
forenoon.
s BisIop vs. rsomas J Hasaq. e sl-Acton for sllsg
ed trespsss IN entering upon premises az Thrtsveuu.
Before the ls Nay. The defence 10 that Mr. sAs com
PEELED do 90 under direction OF the City Inspector
10 premises In rear To be continued this forenoon Fo
PHI Smith. Jr; for dsft n. B. Blunt and I Henry