The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-15

Blewvelt, aud John Orsr, q charge OF rotous and
pies, belonging to Frederick RAIDER grocer No sol
Brooms street They all detained In the station
house by Captain Farchild and in the morning seat be-
fore the magistrate.
Law Intelligence.
SUPREME CouRr.-Preseut Justices Cady, McCoun
and Edwards.-The Court met ut o'clock, Judge Csdy
called the caendar-Nos As, 46, and AZ, were re-
served, parties not being ready; az and 40 went down
No So motion for new trial denied No ST. assessment
Green VS.. MCGOWAN, was then taken up and ar
gued bv Mr.. Gerard for PLAINTIFF and MIR. r Mott for
defendant defend NO s .m vs. rlsc1sr being re-
peared for the defendants and Mr. T. Brady fur plain
tiffs Judgment reserved
SUPREME CouRr, Sept l4-IN EauIrY, SPECIAL TERM
Before Judge Edmonds- Labn and Others, Fseidrn
and Others An answer cannot be sworn in England be-
fore Master Extraordinary Of the English Court Of
Chancery. In this q motion made to take the
defendants off the file for rregularity It ap-
pared that the defendants answer in this cause was
sworn to In England fore Master Extraordinary OF
the English Court of Chaucery which the irregu
larity complained Of
Judge EpMoNps-The practice is irregular An an
swer Of defendant residing 10 foreign country must
be to before Judge of Court having SEAL and
the fact Of his being member OF the Court must bs GER
titled by the Clerk Register Of such Court Motion
Green vs Ward-An order having been obtained In
this cause directing the guardian to bring in $4,000 and
that the Clerk might invest the same on bond and
mortgage, Murray Hoffman, Esq. moved ON petition,
that the bond and mortgage now exhibited to the Court
the guardian should only be called on to bring the bal
ance into Court.
tend the investment bond and mortgage Of moneys in
Court under the present SYSTEM the clerk of the Court
of Appeals is alone charged with the custody Of the
moneys in Court and will alone be authorized to
make such Investments, he will be continually
ceiving vouchers from all parts of the State; and
residing himself at Albany it cannot be expected
that he will have any personal knowledge as to the
value of property excepting such as may be IN the i'm
m date neghborhood Of his residence. He will, there
FORE be obliged either to take security lands at
distance from the parties Interested in the fund.- or II b.
invests the nsighborhood Of the parties Interested he
must take mortgage upon lands of whose value he
have personal knowledge. To remedy this inoonve
nence suggest the parties interested should select the
proper place for the investment and then reference to
ascertain It's suitability and proprety and upon the
coming In of the report they shall enter order d
recrng the clerk of the court apply the Investment
upon the specific bond aud mortgage mentioned in ths
report Let reference be made to inquire whether the
bond and mortgage offered is proper Investment
and also reference TO the balance OF 900 to be
brought into court.
Allen ads Davis, receiver Motions in equity suits
and proceedings pending on the first Monday of July
last be made 10 the county where the defendants
the suit, Of them reside. or in IN adjoining
county.
Parrnalee as ParmaIee.-In cases of divorce, the
ground Of adultery 1t Is ordered that when the COM
sona service Of the bill decree will not be granted
ess upon the production Of the original evidence of
vice. and upon evidence Of the identity Of the up
whom the service made.
LAW SIDE --Jacobs o. Hooker-In this judg
entered up IA In of suit, the plain
tiff having neglected to bring the cause to trial. notwith
standing which, be afterwards set down the and
proceeded to trial. obtained verdict aud entered up
judgment
D. d FIELD, for defendant, moved to set aside the
verdict and all subsequent proceedings. because the
judgment in Of nonsuit had been perfected pre-
MIR RAYMOND. for plaintiff moved q notice to
set aside the judgment in case OF non suit on an all
davi stating that within twenty days after the rule for
Judgment he had matted to defendants attorney agree
ably the rules of the court. stipulation anu within
nfsea days after had paid the taxed costs Of the crca
miscarriage IL his to when the papers We're directed
putting the papers into the Post Office in envelope
properly directed to tho attorney ut his place Of resi-
dence aud paying the postage thereon, Is all that Is
cessary The rule says that such service shall be good
one necessity therefore the be the party
to whom the papers are Both are there
therefore Irregular and must be aside, but not with
COSTS allow costs of notions unless such motions
rendered for the attainment Of some sub
stautia right in except sometimes we may allow
them by Of punishment My only doubt is whether
ought not charge the defendant with costs OF setting
aside his judgment when he renewed costs of circuit at
ter giving stipulation he knew they were put in and
it was enough 10 put him on enquiry and ne ought not
Of the motion to set aside that Judgment but they
to abide the event No other costs OF these motions
will be allowed.
of the State Of New York u.s. VIM. Buckley, Joseph "
CorIies and Richard Lawrenee.-This case was given
to the Jury and verdict taken by consent The
Jury found on the first branch the plaintiffs thu
amount Of their debt and six cents damages On the
second branch they found for the plaintiff cents DANA
ges-a subject to the opinion Of the Court to
be- made with liberty to enter up judgment for the de
PENDANTS in Of non-su If the Court should be-
opinion that the verdict ought not to stand and ais
With liberty for either party the into bill
of exceptions.
UNITED STATES MARsHALs OFFICE - End aror 10 Ce.
ate Repoit-Csptain shannon, Of t.' 'h'p Govt t'
which arrived In the lower bay y Goee6av, Gom 30
ton, came up to town In the course .no u.y,
lodged complaint against ten Of the crew for an AT
tempt create revolt on board, upon which warran:
was granted by one of the United States
and deputy marshal sent down to the Hook where the
ship at anchor to take them into custody and bring
them up.
CouRr or GENERAL SESSIONS, Tuesday, Sept IA BE
fore Recorder Scott and Aldermen Dodd and spoford
John McKeon, Esq, District Attorney.
Court this morning, Bridget Phillips was placed al
the bar for trial indictment for grand larceny
having the 7th day Of June last stolen $50 Ia gold
THOMAS MARTYR sworn-I have seen the prisoner be
fore her the night Of the 7th of Cross st
her she put her hand In my pocket and stole six
half eagles found the money In her possession, and
then went for an officer anq had her arrested
The jury retired and after absence OF few MINUTES
rendered verdict Of guilty and the court sentenced
her to the State prison for the term oftvo years
The court then adjourned until oclock M
Madam, Rsst,H not vet Baiisd The Court held an
evening session Mt clock pursuant TO adJournment
for the purpose of attending to fresh Application to
obtain the discharge OF Madame Restel on bail the
accused through her counsel Offering as sureties VIII
liam Garland, OF No 20 Bowsry, and charles Whitson
of No - Bayard street. the former setting forth that he
owned real estate worth So 00 and about 900 In per-
sousl property MIR Whitson, ~ stated yesterday
stated oath, that he owned line OF nine stages anu
about 20 horses wagons and other pro erty WORT
about SO 900 The District Attorney objected To the
bail offered and the refused TO accept u az SALTS
factory Madame Il was, therefore, remAnuod ior III
present
The Court then adjourned until tomorrow morning
Copar or APPEALS, Sept IS No l2.-On the Gu on
dsr called and passed. no appearing. NO. 10 sa
Giesen plain 10 Ia error w. EULER Qetenosns "
Mr. Chsuncey Tucker opened the arsamenti Tor pla"sn
in error In this cau,e-H Il Seden and Tabor 10 op-
position Dcludrd ths argument for deiendan' " e'
and e. Tucker closed for plantiH IN err"i'
Coupr C.,rNp.r rms DAv-Sap~ior Conr he
fore Judge Oakley Nos 10 u, 20 u 20 ~ 80 81 .,
SO 81 35 30 40, Al AZ, 40 a. o. 40 a. =, ~, o.
So 81 S. So 81 The certorsri calendar OF this Court
will be called Saturday.
APPOINTMENT py THE GovksSER AND SENATE.
-sr,r "a Meg York City Lewis II Sanford Jus-
tce Of the superior court Vice as M W, ~