New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-11-22

Law Courts.
JIrzD sIAIEs DIsTxicT cCrxT-BefJys Judge Beiia
Capt Ira Hvsky vas pl.oed upon TIA sssrssd win
cruel and uEnsal punishment Of Ckar<s II SAe5y. zoe
u nis u i ss6 tssi ;. bad splendid se-d q
very long hslr snd TIA, Cspi eu Of hls much admired
Ocks sso asssusiss hin. &e The tsferc- ss ias' ias
300 " 800 passengers On tos-d II necessary ior
ever DO bis dufy-ths. coud Dot 90 sloit y
fpr tails with h Ions hair and slfnossn ne spcSs -
being sick be could bis allowance Of bel Aoa pofk
&c Tbe-J1Fy Tsf1roo1 . verdict Of lot suiiiy
strysIor cS5nr-B.fo~s Chief Justice Oakley sd
Jas 80 Wade pol and ssnoior1 De cl ~ ne
folio gins DECISIONS announced OF sstcrtsy, or
ton Il tos oyi1oDs oeiDa gen ~ each a The Judge
Arc4s54LG 6a9 TA< As,c7. e u .SsE York salt
- recover about sitoo. betps an >ssrd In opening
TeEhsyerCss Inc COrpOrsrOn soognt 70 set ID az
ssssus-ut sssnss Wan for benefit Of the
opening Wat 05iors the award became due, assigned
Mr Ellsworth for whose benefit toe sun 10 brought
The Court held that when the award sssgrsd Il
nci subject ~ ssi aH under Ice ssstaiethsi toe
Is~ fesglsfiLg the opening Of streets, which E.iosss
ccmnssiCn Of estimate and assessments 10 make st o.
for damage snc b-o NJ srsirE forn sueet opening oo-s
Tot <srrsnt the Court In allowing ss 81 10 cases where
the COfnuissioners nave omte5 70 MAKE u themselves
md mat without oecicing rbs question whether Com
Fnissi0pers make seeh setot where The lands are
entirely cstiect snd 10 different psris Of the street
oDessd. Jo3gtnen, Tor ps1uf IN snoant n award
julia Brors ads. 6elpA LOcshood Action ~ Mr. l.
f1r professional srsiess which ~ss 'uccsssiai hsT
u1si denied.
Noah r. Pisl vs. Ro5t Frcezn1n "A . pes Action
10 Couri below under the len s~. The justice gave
iadsrneut for freeman Ths Count hss reversed the
Judgment on TIE ground iesi ne yusuce e1e'aded sv
dsnee On the ps Of the Defence thai nothing Ess due
the contract
Joan Gu va Jsai4s s. L,Ds-ApDesl from Justice
CourL-Lewis s9ed Gu in sssumpst tor spar Hed
Ia taxing down Grace Church and Oots1ec Judgment
for t33 The proof ~ss that Gil hired tbs sysr aoi
turned H. though Dot - the spot directed Tho Court
bsd that II plslnf entitled 10 recOsef Al al Il ~ss
~ trOTer and not Ia sssuD2s,. The judgment must %
reversed and The realty because tbs merits
do not out the RESULT the Court below
Pa,rics Kelly Va Charles Ba-sd<y-Appes from Marine
C0urt-5ut brought 10 receiver back money deposted
With stake holder on the result Of prize tshi TWAS
Oh scted that the bshoe Court had jurisdiction
specting money won VI iost On wasera lois Court
decided that the object Of The Statute Of 1913
exclude the Marine CoGrt from Jurisdiction 10 matters
q wsgers most Of which were then lawful Ins viBbiog
81 ine wsgsr not IN question hsrs - The wager 1as
void ylalniia as In the Cour below s entitled 70
recover money ~ any time IRON the nsndf 81 the stake
holder, whether WOO q. lost Judgment affirmed
John Robtas0R Va. Hm- Wsn-.dNpsai from M MartHe
CoHyt.-A Judgment was reeoTsrcd by West Ia the Ma
1ne Court Appeal 10 made % ct ASIDE On ire ground
that K 10 non resident Of ths City he residing ~
Brookynthst the ~ss ten days before return
able while the law OF 1891 requires that summons
sgsnst nonresidsns shall not be tnsn four days
returnsbe This Court held the. ss the act establishing
the karse Court provides that whore parties shall agree
outef action 10 the Court without process the
Courr shsil proceed IN the tsrne manner al luminous
or warrant had been Issued and ss The deiendent sp
pesred under BIS ten days summons obtained adjourn
nsnis sc and II supposed hs nshu the Court
copsi1ers tha, he sgreed 70 the trial going on-Juog
nent for plaintiff affirmed
Joks c. Bsyles d al s5s harfan r. Roberts The
Court conride- there was not sufficient evidence Of
want of probable cause. New f1s granted costs 10
abide the
ha-css y Hodze reoetpe Of Dsr.gea va Fyancis s.
Lathrop q ai-Acdon Of trover for two promssory
b0tes deposited by Demsrsn 10 hands Of defendant
TIE COurt held thai plaintiff could not maintain
non II trover; 10 must be sssurnPsi, Judgment OF
nonsuit
jobs UlsdeR e Of Va HatAan mandeishon-on the
report of the referee In favor Of plaintiff. The question
the sufhseney Of proof Of delivery Held 70 Be
sufficient. Motion TO set aside report denied
Edrcrd s Bais implicated, &C. ads jams Hickey
suit 90 q note made By Bates, payable 10 A. B COT
The defence wait Of consideration and plsintif
10, boas I'D, holder but denied. Report 10 favor Of
psistf eoShrmed. except IS y SIS which the P!sinti
acknowledged wss not due.
LHeais Rednaa vs. Montague N HeAdrsess 81 al -Ac-
lion Of repoEn by mortgages OF household furniture
Ia Beach o. before the mortgage beosrne due The
mortgage contained proviso thst the mOrtgsger should
continue In po,session until default in payment The
Cour held that the mortgage not being entitled TO pos
session could maintain replsvin for unlawful TAX
ing" and confirmed the noDsult
Thomas M0yom ais va Osoer p. Miiis- Suit sgslust
the drawn of Ball Of Erchsnge for Sls000 dated 10
Nov ls45 a, 30 days When produced at usl the bill
appeared 20 have boon endorsed specially by psintf 20
tbe Sheffield Bank The Court held that the plaintiff
s. cspes a noe sr1snes Of psn 9e Possession
Nonsuii set aside, and new tris granted.
CouRr or COMMON PLTAs-Bofore judges Uishoefier
pgrassun and DAILY ID = G 10 ons --sydney y insrd
IAN sfs John r Allen Mr.. A. through HIS attorney
Mr. Geo. w Niles, obtained judgment Ia The Court
Of Common Pleas scsinst Mr.. lpgrahsm, and mmedi.
a,ely after wsrd sued the Common Pleas judgment In
the suuerior Crdrt and obtained another Judgment
The attorney Of defendant Mr. L. Ketchsm, obtained
an order without costs sayng the proceedings In the
supreme courfs judgment which appealed from -
the Court s deciding tbs appeal said The right
nsnfair rs action upon judgment 10 undoubted and
hstspces msy exist where successive actions on the
same Judgment necessary and proper but when they
are asiituted for vexatious purposes, with view 10
solely for the purpose Of ccumulstng costs
Courts possess me power OF staying the plaintiffs pro
ceaolngs and such ssshed 10 the object Of tho
presen, suit The defendant has consented an ex
ecutlon may ioue forthwith upon the judgment and
there Is for resoftng seton upon IL
Order appealed from affirmed, with o. costs.
NaftsaIJ Boyd ads Pks5e AHn Hnnplyev-Thls was
an seton TO recover pension money patio to Mr. Boyd
Mrs Hs behalf the defence TO which that he had
eye, member OF the barr Mr. Hoyt also that abe had
given release. This wss denied. The Jury decided
against the plea considering that ,ha plaintiff dill not
sgn the release that the signature fsudulenty
obtsinea II defendant. the Cour, said wished ~ De-
eDd the ground that be had honestly psid IL over
partly 10 her aud partly TO her friend Hoyt he should
have abided by bis hrst plea The proof showed the
300 (Which was the amount Of the verdictl and moro
had been received Verdict confirmed, with costs
Pension Oice request Of Mr.. Hoyl the attorney
10 whom the money partly peid, but seton
brought by Mrs IL 10 recover what she considered
due and verdict for part OF the amount given In Der
tsvorJ in...