The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-24

Law Intelligence.
CouRr OF APPEALs--November Term.-Tuesday,
was day for hearing motions no motions were made
MIR s. D. Dillaye resumed his opening argument Of the
post Office case, No. ls and occupied hour or more
in his srgume Mt to which Mr. Davis Noxon of coun
sci for defendant in error replied In argument Of
nearly to hours and Mr. ID Dlsye, for plaintiff in
No. 10 silas smith, appellant, rs Eliza Crazy, re-
spondent. Kirkland Bacon for appellant, Spencer
herman for respondent: The argument Of this cause
opened by Mr.. Kirkland for appellant, and Mr. Herman
adjournment Of the court had not finished
IL appears that this court is not only interesting to
those Engaged in the discussions the various
upon its endar but visited by some Of the most
spectacle ladies Of this city, as We observed on hap
pepipg into the court this afternoon fifteen
or twenty minutes before the court adjourned. All
listening with interest to the argument Of Mr.
Herman, who was engaged in the argument Of No. 10
Nov. 20 No SO Heman Copley I'd plaintiff In
Elon Rose, defendant in error A. Becker for
plaintiff in error f. r. Terrey for defsndlnt in error
This cause submitted without Argument.
No. 20. The argument Of this resumed on part
OF respo ndent by L. r. Marsh, Esq. and Mr. CP. Kirk
land was heard on part of appellant.
No IL. VIM X Blair appellant, ps. s d, Dillaye, re-
spondent. A. G. Griswold, for appellant Sedgwick
Di]ays for respondent Appeal from order of
Supreme Court in Equity denying re hearing Of final
decree This lands to allow the
to apply to the Supreme Court for anne ndment Of
the order entered in that court.
No IS William w Teal plaintif in error, Mary
&. FELTON,, by her next friend Charles T. Hicks, de-
PENDANT in error Sedswick Dilaye, for plaintiff In
This originated in Justices Court in this city
Suit over brought by deenda mt In error against
plaintiff IN error he being postmaster in this city for
the detention ofa evspaper by him. as such postmas
ter claiming letter postage on same pursuant to an
order of the Postmaster General there being initial
upon the wrapper containing the paper, which was
decided by Justice Woolworth in favor Of defendant
in here and then by the plaintiff in carried
to the Court of Common Pleas, and the Judgment of
the Justice affirmed and then to the Supreme Court,
and by them decided in favor Of the defendant in
ror. 1t copss before this court on appeal from the
decision Of the Supreme Court, affirming the judgment
in the court below. Stephen ID. Dillays opened the
argument Of this cause part of plaintiff in error,
at the adjournment of the court had not closed.
This court which has been in session in this city,
since the first Tuesday of the present month, will
tnue it's sittngs two, perhaps three weeks longer
The calendar numbers 113 causes, 18 OF which only
have as yet been argued.
The attendance ofcounsel from abroad has not been
large at any time though we have occasionally noticed
the of several able and distinguished members
of the bar of this State The counsel in ajority Of
the causes, We observe reside either In this city
vicinity.
The Court of Appeals is the highest known to our
State 1t Is certainly great improvement the old
court of errors. Probably more able branch than
that Of this court 1t would be difficult to find In the
Uniop.-Syraeuse Star.
IMPORTANT DEcisIoN-TAxEs,-A Gaze of some gene
raj interest," and Of Importance to dealers In real
estate, has Just been decided In the Commercial
Court Of CiDcnnat-Judge Key. Davis b. Lawler vs..
John I. Cornell: in Chancery. The facts in this case
showed that the deed for thu premises in question,
from Lawler to Cornell dated the 25th day of
March, 1S47 and the question presented to the court
was who should be liable to pay the taxes for the
commencing on the first day Of March ls47, and
ending the first day Of March, 1S4S The
statutes in relation to the lien, the assessment aud
payment Of taxes run through series of years, and
are contained in various volumes Of the Ohio laws.
Section 81 of the act Of the 14th March, 1881 Swans
Ssutes page el3 provides that the lien of the State
for all taxes for State county, school, road or town
ship purposes, shall attach on all real estate on the
LIST day Of March, annually and such lien shall be
perpetual for the amount of all taxes which
have accrued which may hereafter accrue with the
penalties
interest and penalties shall be fully paid which lie
shal in no wise be affected destroyed by any sale
transfer Of any such real estaten His honor, on
careful review Of ell the statutes both previous
subsequent TO the actaboye quoted, expressed hmsel
for BY the desan that the tax must be paid by The
complainant; and in confirmation Of his opinion cited
the case OF Shaw vs. Quinn, 18th volume Sergeant Il
Rawie psge zee which is in direct analogy With the
under consideration and held1st, That the lien
of the State took effect the LIST Of March, I'd That
NO apportionment can be made between the vendor
and veDdee of the real estate, for the different por-
ions Of the year during which they respectively held
the same: 3d. That the person owning the land the
1st of March annually, is alone able for the whoe
years tax II he fes It at any time after the LIST OF
March, unless different agreement is made between
the parties. Decree That Cornell be allowed deduo-
ton for the amount of taxes paid by him. and covered
by his deed Of general warranty from Lavler. Cncn
matt Gazette, Nor. IL.
VERDICT FOR ISLANDER, AND THE "EcoSoMY SocI-
ETyn-ln the District Court, on Saturday morning,
verdict Of $500 dams ges rendered by the jury in
the great SANDER suit Of Bakerrs Wagner Mr.. Baker
is one Of the chief men in the Economy Society, Of
Beaver county. Wagner now reside, in Philipsburg,
Beaver county-was formerly connected with the
Economy Socety-but seeded with Count Leon" as
be calledthe celebrated leader OF that portion Of
the "Economitesn who withdrew in 1882. The Count
ESQ styled was man of considerable address, and
rtputed to possess talents and fine omplishme nts
He entered father Rapps Society, as alleged by his
opponents, for the purpose Of producing schism,
which he Effected and having succeeded in gaining
influence portion Of the bers withdrew With
them, purchased Phipsburg, opposite the mouth of
Big Beaver ON the Ohio, then place chiefly concerned
In hnSt hli1d ding oYd aH fhGr MI lima
and Graham transferring their boat yard to the oppo
site side Of the river TO what is now called Freedom
Count Leens settlement did not prosper, and he now
left for part Of the South where 1--WE beeve) he
6ied. The Society. or portion Of it, held together
for abort time but gradually scsttered-some settling
at Freedom and esewhere--a remnant remaining &C
fh'lpsburgh. The seeding members of the society
bave their version Of the of separation but
the epmity is not obliterated though some fifteen
derab BILE Of money had been relative
in Germany lately deceased to Wagner and several Of
his sisters, who have continued with the Economy
Society. The brother went over to Germany, and
received the money and alleged his return that the
dying injunction Of their relative that the money
bequeahed to the sters should go into the Economy
Society. The sisters insisted granting their funds
to the society and gave Mr. Baker authority to receive
the amount Mr. Wagner came on to this city In 1857,
Baker, and while here arrested on affidavit and
Imprisoned. In conversation at tavern in the city,
ne ,ubs.qnenty charged Mr. Baker vita perjury For
Baker, in the District Court of this county Wagner
in the city business at the time Of his arrest
We understand that the suit ives brought here in con-
sequence of prejudice against the society in Beaver
county. Mr.. Wagner is nan Of wealth and infu-
ence.-PfHsbUrgh Gazette, Nor. 20
TIE LAST OF THE TEA PARTY Frequent men
ton has been made of David Kennison, the last o.
the band that threw the tea overheard in Boston hsr
Dor, now residing in Chicago The politicians have,
from time to time noticed his views political ques-
tops as II they were, really, of great Importance from
the fact Of bis having been of the tea party For
while the free sellers had him, but just before the
election he published letter declaring himself for Cas-
and Butler Having always been democrat he thought
II best to vote for Cass fer the sake Of defeating Tey
Tor, although all HE sympathies with the Van
Buren, party. Omttipg the political portion of his
letter publ.h these parts Of it wherein be speaks
of bis and the through which has