The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-07-16
Law Intelligence.


UNITED STATE: DHTRrcr CovRr.-Before Judge
Belts The BARK zsno5ia and a. r. Cransadt, master
This libel fled REM and in persopan, against
the master The facts Of the been heretofore
ter filed eight exceptions to the libel. Der Curiam-
The libel In its formal construction does not conform
to the of fhe Supreme Court rule aud
exceptions Nos and taken to 1t, for that
must be allowed, and the lbeant must take proper
measures to reform his pleadngs, before proceeding
Ing sufficient in that behalf Exceptions and g. rest
upon the doctrine that the subject matter of the suit
not within the jurisdiction ofthe court to be enforced
cannot be made liable and be proceeded against
IN rem, and the master in personam in the same libel
court, and citing several authorities said 81 think the
mode Of proceeding not only justiAable authority
tplicity Of actions for the same cause when all the
right and remedy might bs equally secured in single
nav mss y snip or
would be adequate to afford it, and the court will be
careful always so to guard the that exorbtant
that arrests not made double In cases Of doubtful
right or for trivial amounts In this case the ship
ysuced and also for the delivery Of the merchsn.
die and bssfsss clipped by the ibsll.nt and the
conduct out Of the scope of his authority prsudicis
to the lbeant. The libel 30 drawn as to leave it am
bguous whether damages sought the value Of the
merchandise and baggage and SPECIE as not being de-
ivered at all or only compensation for the oppressive
conduct Of the master In battling the libelant in OBJ
tanning bis rights II the latter only then, certainly
there can be but slight for continuing the suit against
the vessel and master merely to this portion Of the
the relieved from all unreasonable burthens in
that respect The exceptions and 3, must be disal
8, disalowed, without costs.
Before Judge Ulshoefer.-Charles Plinter ys james
HaHord-This was an action to recover SSH, ba-
LANCE alleged to DO due for board 1t appeared that
to plaintiff, who keeps the Bond street House, and
hired three rooms, sitting room, bed room and SER
INT fnnof hnV ~, ~
for which he agreed to pay $50 weekhe moved the
9th December and continued to occupy the rooms for
that time Tho plaintiff insisted that the words for the
winter meant until the first of May following and
brings the suit to recover the balance Of rent which
crued from the time defendant left to the first Of May
For the defence, ita insisted that the words for
the winter meant by the week, and evidence offer
cd to show that plaintiff understood them The jury
found verdict for plaintiff for $40 so. For plaintiff
MIR. Cochrans For defendant, Mr. Rogers.
COMMON PLEAs.-Bsfore Judge Ingraham.-Robbins
Richard Barnaoy-Ths suit was brought to recover
damages for overdriying, and SO using the plaintiffs
Sl26 It appeared in evidence that Horton hired the
horse to 60 to Pelham Bridge that Randall left the
BILE at o'clock in the afternoon Of the day which the
horse was hired In company with Horton and that at
Pelham Bridge they took in the other defendant and
rode back to the city In the wagon 1t also appeared
that the horse FESTIVE at the Bridge and on their
return to Harlem fell two three times and after he
they again got into the wagon and
their journey to town, arriving at the corner of
when the horse again fell, and, after some
trouble taken to the stable and died in about three
hours Afterwards The distance about - miles, deduct
Ing for stoppages, was accomplished in about hours
For the defence commended that the person only
y that the horse died some disease which he pre-.
viousy contracted Upon this last question: Veterinary
surgeons were examined on both sides, to the
Of the horses death but 1t they disagreed and
upon that point the Judge left it to the Jury say
whether the horse died from excessive driving from
previous disease Upon the other point the verdict to
g. b. NOblo--FOr liant
Mr.. NJ B. Blunt
SUPERIOR CouRr, July Before Judge Oakley - Ca.
verly Us. FoIsom,-Action on . promissory note De-
fence usuryreported in yes srday paper Verdict for
defendant.
CouRT OF GENERAL SEssIoNs-July l6-Before Re.
oordsr Scott, and Aldermen Lawrence and FeeksJonas
B. Phillips Assistant District Attorney of Gull
y-At the opening Of the Court this morning, Thomas
MoCoy plead guilty to an assault and battery Tho
the City Prison for the term Of thirty days
Traitor Rape.-Robert Robinson and Patrick Brien
were then placed at the bar for trial. indictment
for having on the 18th day of June brualy outraged
the person OF German girl, named Agatha Dunn. In
the course Of the trial the character of The complainant
was placed in such unfavorabe aspect that the Dis
trct Attorney induced to abandon the case which,
OF course resuedin the discharge of the parties
The Court then adjourned till tomorrow morning
July l6-Before Judge Oakley.--This Court opens ut
II O'Clock A. M.Nos. 81, H. 100, 49, 81, To- li3 ls4
isS isS 49, las lss lao, i4 l4s IA rs 40 III las
III i1s, i7D, aos' 1880 2ac, 1871, isa 1888 ls4 1855
COMMON PLEAs--Beore Judge Ulshoeffer- Court opens
AZ ~ o'clock A. MNos. l56, l69 1885, 1877 49, III l79
SEVERE HAZE SToRM.-There was a severe hail
storm In the south part of Cumberland last eve
ming, just after shutdown The hail ,tones were larger
than pigeons eggs and fell In such profuson a. to CON-
petely cover the ground II was most severe in the
south part Of the town good deal of damage has been
done 70 the crops We have yet heard the Of
territory over which the storm passed. In the same
town. two horses killed last niaht by ehtninp one
belonging to Mr. Wheeler the other to M Irwin@ai.
bany Journal, July Ia.
NORWICH AND WORCESTER RAr.poAn COMPANY.
AT meeting OF the stockholders of the Nor
wien h. ana Worcester Railroad Company, Messrs John