The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-01
Law Intelligence.


SUPP EME CouRr.-Sept 80 General Term-Pre-
SENT Justices Cady, McCoun and Hurlbut -Dee;s;ons
- In re Paul Brsni-Justice HurlbutThs case is be-
fore as on the ws of certorar have arrived at
the following conclusion in relation thereto:-Did the
statute of the United States under which Justice Drink
er acted apply equally to officers and judges Of this State
or TO those Of the United States solely and did give
Justice Drinker the power to his for the
arrest Of Bruui? In opinion unless the statute
gave the authority terms to the courts and
officers Of this State it cannot be said to exist and
ly to the courts and officers Ct the United States II 1t
was not intended devolve the power any others
than the officers Of the United states no oosr
this court presume under that statute In
order to arrive at conclusion this point
look at the words used. II Congress had intended
word, would havs been used as IN the the 'a%s
but from the difference Of the wording in both act
by the United States officers and are such Of
acers in every place where the exgency could arise it
state officers this court had any doubt that Drn
ker officer under this act had jurisdiction, in
is nowhere alleged that Bruni deserted any port Of
the United States and II nowhere appears that Rruni
sofsoient to nuv his arrest The order then must be
that in the Of the certorar directed to Justice
Drinker his proceedings must be set aside and in the
of the celtiorar directed by Judge Edwards his de-
cision must bs reversed, and Paul Bruni discharged
ZebulOn Ely ads. silas Brown, ct sl.-New trial
granted costs to abide the event.
Monmouth B. Hart sheriff, ads. Julian Chartehan.-
New trial denied
Francis B. Striker ads. John c. Minturn.-New trial
denied.
Chas Burrell jr VS.. Edward H. Jacot ct al.-The
order Of circuit judge setting aside nonsut reversed
ment the defendants demurrer, with leave to the
plaintiff to reply, on the payment Of costs
Doctor Smith vs. John kerr.-New trial denied.
Geo. w. Thurbur ct al VS.. Daniel Flack.-Judgment
affirmed.
for plaintiff demurrer with leave to the defendant to
plead. on payment OF costs
VIM Wall ct al VS. the Howard Insurance Co. of n
View trial granted, costs to abide the event
Henry Stevens ct al ads Adm. L. Th0mpsOn.-Judg-
ment defendant demurrer with leave to plaintiffs
to amend on payment Of costs.
Solomon NJ Pike vs.. Robert Derreef.-Judgment sf-
frmed
Robert Gilmore ct al. VS.. Adam spcer.-Judgment re-
James Ainslie and Mary his wife, vs. the Mayor of
the City Of New YorkNew trial granted coets to abide
the event.
Anthony N. Hoffman ct al: ads. Sanford s. Brad
New trisl granted, costs to abide the event:
Robert r. Fox ads Nelson Merril-New trial granted,
Henry NJ Western vs. Patrick acknowledgement
affirmed
soners of INSTRUMENTATION to set aside nonsuit do
! MED.
Theodore Stone late Sheriff. ads Samuel Graydsn-
| New trial denied.
Joseph Wood VS. David B. Reeny-Jgdgment affirmed;
Circuit Judge granting new trial reversed.
The Mayor OF the City Of New York Vs. Edward
| sherman Judgment reversed and uemire de noro
awarded.
Calvin f. Hull ct al. VS.. Mortimer A. F. Harrison
| Judgment affirmed
GIodi Requa ct al. VS.. Nathaniel H. Holmes-New
| trial denied.
Ebenezer Scales ct al vs. Elisha Ruckman ct al-In-
QUESTION set aside and writ Of inquiry de award
j ed, costs to abide the event.
Henry Can,vre Francis Rider Nonsuit set aside
| and new trial granted Costs to abide the event.
Mathew Barron ads. the Peopls-New trial denied
Edward c. Hallway Vs. John Noble, ct al Judgment
reversed.
Dane A. Baldwin vs.. Abraham Vanderpoel. Judgment
| affirmed.
Charles Del vecchio vs. VIM. Howard, ct al-Motion
Stacey Pitcher ads Elnha Ruckman.-New trial grant
ed; costs to abide the event.
Frederick Nlarquand ct al ads The Long Island Rail
Road Co Judgment for the defendant.
Edward Bulge ads Joseph SPECIALIZATION to set
Charles Waldo ct al ads James D. Danforth.-Judg.
ment tor plaintiff on demurrer
Henry Yates ct al ads Daniel f. Tylee-Ju lgment
Henry White VS.. Richard W. Thorn ct al-Motion for
new trial denied
Samuel Brown vs. John NJ Secor.-Motion for
trial denipd
Dryer Admor ads Solomon NJ Pike-Judgment af-
frmed.
Lueian B. Marks VS.. Richard J. Richards ct al New
trial denied
Richard Luther implicated, Sc ads Edward j. Slough.
ten burghMotion TO set aside report referees, de-
MED
Henry Yelverton ct al VS.. James Brown Judgment
John Heller ct al ads. Geo Trul New trial denied
William Foster 1T al Va John Snifiin implesded, SC
Judgment tor plaintiff on demurrer.
David Wesson ct al. Va George shannon ct A.--Judg
ment for plaintiffs demurrer
Theodou Van Tine Hiram Petibone ct al.-Judg
ment for pf demurrer.
samuel schafrer vs. Ludwick Gebhard, Judgment for
plf on demurrer.
William Lawson VS.. VIM H. Parsons, implicated, SC
Judgment for plf on demurrer.
Freeman Rawson VS. Fry, Lane, &c-Judgment on de-
murrer.
Nehemiah Finch ct al vs. Charles squres-Judgment
for pf on demurrer.
Timothy T. CARL VS. Seliah Carl-Judgment for plf.
on demurrer.
The Mayor Of the City of Brooklyn ads Eliza H. Rad
cliff ct a-Judgment for dfts demurrer, with leave
|
After the decisions were given, Mr. Justice McCoun
said the Court had passed upon all cases which had been
cause of Geo. T. Green vs. Margaret McGowan) 1t is
an ejectment suit brought to recover possession Of
premises sold by the Corporation Of New York for
payment of assessments 1t Is case involving import
principles which other depended and they
until the November with the hope that the Court
Of Appeals before which there similar cause, in.
would by that time, give decision that the Court
might have further grounds upon which to base their
decision.
The Court then adjourned
SUPERIOR CouRr in Chambers-Bcfore Chief Justice
Oakley. In re Robert Sterens In this case Stevens
years writ hdbeas corpus was granted on the ap-
pcaton Of his parents to have him discharged the
ground Of infancy When the parties appeared before
the Judge young Stevens insisted upon remaining with
his regiment Old Mr.. Stevens finding that his was
determined to serve out his term Of enlistment
and In some time after he changed his mind, and
cond writ grarted by Judge Vanderpoel The par
United States opposed his discharge insisted that
the consent Of the elder Mr. Steysks confirmed the
lstment Judge vapdcrpoel adjourned the proceedings
to Wednesday last when the matter before Chief
Ju.tice Oakley who held that the father although he
might consent to his being bound an apprentice
he could not consent to place him in such situation
would endsnger his life The consent was therefore
| void and the boy was discharged.
| CoURr CALErpARs-This day Circuit Cort mos.
6l liz 1906 1906 1917 1903 ia 80 81 o. l03 g. H. Conn
mon Pieas-Nos 25 90, 81, %, 10, 81, 50, SO.
| SINGULAR SUlcIDE.-As the steamer Santa
| Claus was on her upward tip on Tuesday, when
passing Cram Elbow passenger stripped himself Of his
clothing got the rail Of the after gang and
liberatrly Jumped overheard and drowued Capt
Overbseh on learning the fact, bad the boat stopped
Immediately and made all dilgeut search but without
Fer Erom papers found in his pockets his name IL