The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-24

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that they were convened out Of the ordinary course
the high seas which would be laid before them by the
District Attorney He continued to charge them at
some length in regard to their general duties as Grand
jurors, and especially IN relation to the case when
to &C brought under their consideration The case
alluded TO, s that of r. g. Greenwood, mate Of the
American ship /" Col. Tayloe,n who has been commit
ted for the murder Of seaman, named William Car
lyle, on board said ship, in March last while ON the
passage from port in the West Indies to this city
The court then proceeded to the transaction OF some
routine business.
SUPREME CouRT-Special Term in Equity, May 23-
Before Justice Hurlbut.-Margaret Hamiiton u.s. FIRE.
derrick Hadiey, impieaded 8c-This was an applca-
ton for an injunction BY the peadings it appeared
that the trustees of st. Peters and st. Patrck's
churches in lS41 of several lots ofland
in the upper of the city that in 184l 1912 they
executed deed of gift of Of said lots to certain
persons therein named, for the purpose of erecting
church, which church afterwards erected and call
ed st. Johns Church the deed contained provso
restricting the donees from selling, dsposing. using
it for any other purpose than as church for divine
service according the rites of the Roman Catholic
religion The donees, Notwithstanding the proviso,
mortgaged the church to man named Byrne, who at
forwards foreclosed the mortgage and sold it to
named Mcilwane who sold it to defendant 1t fur
ther appeared that the plaintiff obtained Judgment
against the trustees previous to the execution of the
deed of gift and filed her bill Judgment creditor
charging that the trustees of St Peters and ST. Pat
rck's churches insovent at the time they made
the gift Of those lots and that therefore, the deed is
void and further that the donees having violated the
proviso in said deed the mortgage to Byrne and the
subsequent proceedings also void, and insisting
that her Judgment attaches, and is paramount to all
subsequent claims. The bill concluded by praying
amongst other things, injunction to restrain the
defendant from selling, mortgaging otherwise dis
posing of st. Johns Church, until the title passed
upon by the decree Of the Court. His Honor, after
hearing counsel both sides denied the motion for
t,,;, hat oiv,tiH Uhf
issue execution her Judgment and proceed to n
sale of the premises in question of any other pro-
perty in the possession Of the trustees upon which her
judgment would attach.
COMMON PLEAs-Before Judge Ingraham-May
23.--1homas Nc Warten Us. .4bm. Operhesen-Action
for assault and battery, alleged to be committed In
July last The jury found verdict for the defendant
Nm. C. Moyne, ct al. Us. .qraasd c. HaH--This
action to alleged balance of a bill of
goods, amount $685. Defence, payment The de-
PENDANTS produced receipt for upwards Of $780, show
ing that plaintiffs overpad to the amount of $780,
and claim q certificate of that being due to them
The plaintiffs offer proof that the teSeips was va gwen
SUPREME CouRr-CHAMpERs-Be Judge Edwards
May 23.-The People at the relation Of E. b.
Coruoin rs. James S. Hoye.-This was motion by pc
ttion, for order to compel the defendant to hand
to the reator the books and papers of the first
clerk in the Aims House Commissioners Office. The
petition stated that the defendant had been removed
by a resolution of the Common Council adopted on
the 9th inst from tho efce of first clerk in the Aims
House Commissioner Departmental and that by another
resolution of the date the reator was appointed
the ofcethat he had taken the usual oath of Of
flee, and duly qualified to act as such clerk and
that he had applied to the defendant to hand the
books and papers of said office which he refused The
petition prayed for order that defendant might
show why he did not hand over said books and
papers Mr.. Willis Hall, the corporation counsel ap
peared the part of the people, and argued at length
in support of the motion. He was replied to by Mr.
d. Graham who contended that under the act of 1S45
the appointment was vested in MIR Leonard, the Aims
House Commissioner and that he could not be divest-
ed of his right by the Common Council. After Mr..
fAro had had hal adj Md Mr.
ing will close the argument tomorrow, on the part of
the defendant.
CoURT CALENDAR FOR THIS DAY-CommOn Pieds.-1st
particle 49, 1885, 1885, 49, 139 141 143 AS, 147. I'd
nart=-lOS ll2. ll6 Ills. l2O 10 l3O. DC. LOG l28