The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-26
LAW Infelllaence


venue from New York to Monroe county denied he
cause the plaintiff would thereby lose a trial The Judi
ciary act requiring the venue TO be laid in county
where of the parties reside parties in inter
est not the party to the recordthe merely the
nominal party.
Gracie u.s. Thompson, edLAIotion for relaxation de-
MED but certain items ordered to be deducted from the
bill The rule that party cannot have costs, for an
answer where ne might have demurred, applies only
where Is clear and undoubted from the face OF the bill
that cannot be sustained and where it is possible
for him to have either discovery relief under his
Brainard aud Others Us Banks and others Motion for
leave to amend creditors BILL after answer without
prejudice TO the injunction granted payment of costs
OF the notion and such the defendants may be
put 90 In putting in a new answer.
McDOnneH and Mdckey Us. FT0st-Where attor-
ney had sued out writ Of giving bond signed
by HIMSELF insovent brotherin-law and boy ia his
Office and without disclosing the fact had obtained from
audge an order staying proceedings on the Judgment
until the decision the writ of be set aside,
ersd that the order to stay proceedings be aside,
S~aney ads. Titus-NIotion to vacate a judgment
because the plaintiff attorney gone on to Judgment
after the suit had been settled It appearing the suit
had been settled, condition that defendant should
pay the costs, and he having agreed pay them aud
OF receipt given him, motion denied with costs.
Brown Us 4ndreps Defendant arrested COM
mssen OF rebellion, objected, first, that papers
submitted IN the suit which held to be right and
second that his co-defepdant dead, which it
held did not affect suit as to him. he then demurred
TO some OF the nterrogatoes because they related to
other contemps than those for which he mad been
rested Demurrer sustained
In me matter OF James Denntsfen Executor OF
Z. BroDn-Under will directing that the real estate
shall be sold by the executor with the consent Of
resdusry lgatee the latter refusing the executor asks
leave to sell without him. for tho purpose OF paying ega
cies expenses and assessments the land prayer of
petition granted il reference it shall appear that
there are suossng claims and that the executor has no
funds to pay them with
Kingsley Kingsley.-Moton for feigned issue
granted.
Houghton u.s. Pollon-Exoeptions to masters report
on exceptions to On creditors bill 1t Ia no
Defence that the defendant had good defence in the
nj In hinh hA nvnift Qd M nndar
staue the judgment Is conclusive on this proceeding
An in such is insufficient that discoses the
state Of the property at the date of the judgment and
the time Of the answer emitting to state what it
when the bill filed. Masters report confirmed
Sprtngf III Bank ps White T. Standardization to
dissolve Injunction Plaintiffs gave their note to one L.
to get it discounted and to send them the avails in
stead OF which he passed it to the defendants and ok
drawn plaintiffs Held that defendants not
bona tide holders, and such entitled to the
Mechanics Bank as. Parsons ct al "A mortgage on
leasehod estate and the term expiring on evidence
that premises are scanty security and the mortga
gor nsolvent Ordered that receiver be appointed and
that the assignee of the mortgagor who is in possession
pay to the receiver quarterly such for occupation
rent as on reference shall be found to be the value
of the occupation, over and above the ground rent
I Seden u.s. Neutrality-suspicious. to stay proceedings,
Held that the appeal ITSELF under the statute stays the
proceedings in the suit in this Court but it is never
the circumstances, and thus virtually reverse its
judgment Motion denied.
The Judgment in the of Meter, claimed by the
French government fugitive from justice, post
poned to Thursday next taISSn
SUPERIOR CoURr.Before Judge Oakley David
Reeves ct al Edmond s. Innes aud others-Ths was
action $780, the balance of the price of
1000 kegs of nails The plaintiffs manufactures in
Pennsylvania, and defendants are commission mer.
chants in this city. In ls4i the defendants by their
agent John A. Moore, entered into written contract
with the plaintiffs for 5000 kegs of nails In few
tered into verbal contract with them for another 1000
note for the same payable in six months
which paid at maturity The 5000 kegs subse
quently delivered and payments made either in cash or
notes of the defendants until February, ls45 when
balance Of $4,000 due for which the plaintiffs agent
took Moores note payable in thirty days. the
not paid and plaintiffs directed their agents to call
defendants for payment of the balance, which they
fused The defence sot up that Moore was not au-
thorized to make the contract for the last 900 kegs
and that the money applied by him in payment for
them should be applied in payment of the balance ow
sued for Verdict for plaintiffs for amount claimed For
plaintiff, Messrs. e. Sanford and Ferguson for de-
PENDANTS, Messrs Mumford and Dodge,
Jas Lynch aud DiJe u.s. Livingston This was an &C
ton of 81 ectment brought by plaintiffs to pos
session of the store and lot No 200 Front The
the niece and of the heirs at law of Mrs Joanna
Livingston, wife Of Mr. Peter Livingston, deceased
er plaintiff rested the counsel for the defence offered
to give in evidence the Transcript Of deed recorded in
the city of New York. and purporting to bear date in
1925, executed by Mr. ard Mrs Livingston, by which
she conveyed all her property trustee for Mr.. Living
son ltappeared the deed executed in Duchess
anda certificate of the acknowledgement given by the
deputy clerk that county The evidence object
inadmissble by the counsel for the plaintiff
the following groundshrst, because the certificate of
the deputy clerk is not compliance with the statute
which be made by the county clerk
Second being in the nature of judicial act it
not be performed by deputy Third, that even If it
ledge of the clerk he has done in this instance
Fourth in such case if deputy has authority, he
knowledge After considerable discussion between
sci both Sides the discussion Of the question Is post
p1ned to S NOR his f modnng For plaintiffs
Schell.
COMMON PLEAS, Oct. 25.-Before Judge Ingraham-
Nicholas b. Snyder Us Theodore NJ Dougherty.-This
action for false imprisonment 1t appeared that
difficulty had existed between the plant and defend
ant that they met in Madison street in October 1896
and angry words passed. the defendant, who then
Assistant Alderman Of the ward, gave the plaintiff in
charge OF policeman; he was taken to the Station
House aud detained there all night For the defence it
alleged that plaintiff committed the first assault
by splitting in the defendants face Verdict for defen
dant
Before Judge Daly.-James Ferguson u.s. Elijah Moo
dy-This was an action Tor the use and occupation OF
house and furniture in Madison street. The plaintiff
did not prove his case and was non suited For plaintiff
Mr.. d. Nagle-for defendant, MIR. J. X. Whiting.
Before Judge Hurbut.-In Re-.augustus Satterly,
who stands charged with having committed rape a
child of years of age brought before the
Judge this morning. and his discharge asked for the
ground of informality in the commitment After
hearing Mr. II. ~ Morris, on bis counsel he order
ed to be remanded.
u STATES MARsHAL's OFrtcE.-C Charge of Repou-
George Handford and four others part Of the of
the ship Ed wilma arrested yesterday evening by Dep
Marshal Morrison under warrant granted by Aiexan
der Gardiner Esq U. s. Commissioners, on charge of
attempting to make revolt on board Peter Russe au
other of crew. also arrested by same officer
under another warrant granted by Mr.. Gardiner, an
distinct charge. They were all committed for cxamina-
ton.
CouRr OF GENERAL SESSIONS, Oct 25-Before Re.
corder Sc-tt, and Aldermen Feeks and Tappan
Trial Of Caroline Lohman, alias Madame ResteH for
Maastaughter Counsel for the people, Ogden Hoffman,
John McKeon and Jonas Phillips, Esqrs for the de-
fence, David Graham and James r. Brady, Esqrs At
the opening Of court, this morning, Jonas B. Phillips
Esd Assistant District Attorney proceeded to open the
the part OF the people In the of his re-
marks no gave interesting and detailed statement of
the facts connected with the from the first acquans
Of the parties concerned to tho present period
MARIA BoDNE was then called by the prosecution;
whereupon Mr. Brady and commended In an argu-
ment OF considerable length that the witness question
incompetent one the ground that she was the
principal offender; that in fact IL any offence had been
perpetrated, that offence had been perpetrated by
the person whom it sought to place on the
stand witness against another whom she
charges with having been implicated with her in the