The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-08
LAW Intelligence.

sfendapt and who represented that it was such snd
he defendant making oath, that he had never been
rved him. all proceedings subsequent 10 the fling
the declaration must be set aside
The Hsehanic.' Bank. Us. The Harism Railroad Com
y-E X. Collins, trustee under mortgage given
the railroad company, on their cars, locomotives So,
secure the payment Of ssa6oo which is all due,
svDg refused to take posserson Of the property
oect the mortgage on the ground that 1t for the
interest Of the company, of which he director,
nd as be believed, for the interest OF the CREDITOR that
ayment should not bs enforced it ordered that he
remoyd as such trustee and that the shsri proceed
r. re Francis Marty, non-residnt De5tor--A non
dent creditor may sue out attachment against his
acsed sbroad and 1t not necessary that the debtor
houd have been aresident here. 1t is enough that he
las property here subject to laws to tho perform
nee OF his oontraots Proceedings remited to the Com
ION ress Judge.
Eieot ct al Us. Bakr-Exceptions to answer al
Sill u.s. Sill Ear &c-Motion to rebear q motion to
honge the venue there being suggestion Of new die.
overed evidence The court at special term, 10 grant
he rehearing motion. Denied wi h costs
sert.ne rs Engis-The answer being evasive, ena NOT
nswerng the equity Of the BILL motion to dissolve tho
njunction denied, without costs
Grousset Us. Cast,ilian ct ai-When the time to an.
expired and there has been order extending
he tins to answer aud the bill has not bssn taken
onfessed, the defsnaant cannot demur alone, but he
IAN put in demurr with an answer or plea. Motion
70 strike out demurrer denied.
Darfnen rs Turner ct AFTER a mortgage sale the
purchaser discovered various irregularities in the pro-
eedings On his motion the sale set ssde and the
purchase money ordered to be refunded to him. together
With the auctoneers' fees and suitable allowance for
Baker u.s. Maher-Noion to strike out plea as false
and frivolous denied to its slsity because the de-
endapt swears 1t Is true and to its rivolousnrss be-
its amounting to the general issue does not make
frivolous.
wocdoardv s .aspi,,ucaH and Harris-Harris had OBJ
anee from the Navy Department contract to carry
The United States mail from Panama to Oregon for ten
bears for $4,000 year, and had agreed with Wood
wrrd TO assign the contract to him. his giving the
requisite security In 100000 Several months having
Elapsed and the contract not being completed Harris
greed to assign the contract to Aspinwal who with
bs partner Rowland became the sureties and took
assignment of the contract without previous notice Of
bgrearnent between Harris and Woodward. Wood
ward then filed his bill for specific performance
Of the agreement between him and Harris, and
proceeding to execute the Contract with tho govern
ment Injunction refused, because there was no mn
,uelity in tho matter, Harris being bound to 'ell,
but woodward not being bonnd to purchase; because
Aspowali had obtained valid assignment OF the CON
tract hfre he had notice of Woodwards claim, and be
cause Woodward, having treated Harriss contract as
terminated cannot now treat it as existing.
Judge Edmonds pnoupced that the Janusry special
term would be continued before him. in the Aldermens
room during the months Of February and March-thst
ten causes on tho calendar would be called each Day,
and defaults might be taken. Decisions would be an
noun ced, and special motions BIS hesrd, as usua on
Mondays, and ex parte motions each morning ct the
opening OF the court at 10 O'Clock.
SUPREME CoURr, Feb. I'm Chamb ers- fore Judge
Ed wsrds.-U Underwood ps FeLt'r-Pafterson T. Co vs
same In these Judge Edwards discharged the
defendant common bail, on the ground that the
plaintiffs prosecutors in the criminal causes In
other three causes he has given decision at pre-
sent.
Before judge Hurbut-In re Madame RestrH-The
application last week to admit Madame Restel to
bail was disposed Of this morning. The Judge refused
the application on the ground, that where party
convicted lof felony or high misdemeanor, and tho
guilt was manifest land here the court bad de-
cided the regularity ofthe convioon the party WAS
not entitled to DO admitted to bail.
UNITED STATES DISTRICT Court, Feb. Before
Judge Belts = United States Us Francis Lynch Case
of Cr,pl and Unusual Punishment defendant
put his trial under indictment charging him with
violent assault and battery on Peter Mchaes From
the evidence 1t appeared that defendant mate of
Ame hrv ff.tM nno
the crew. that the 22d OF December last, while the
brig op her passage from Port Au Prince to this
and sgue and asked by the captain to 60 to his
duty he replied that he was unable, from weakness
the defendant then and struck him some blows
OF the head and knocked him down he struck him
several blows with rope; Michaels was afterwards
defence that the prosecutor shipped at Boston as
able seaman and that during the outward and home
ward voyage he slammed and evsded doing his duty in
possible The jury acquitted the prisoner
without retiring. For the prosecution, Messrs Butler
for defence, Mr.. Beebe.
The Same Joseph .3Hsn.--Ths defendant is iu-
diced for larcsny the high and Aligned
aud loaded not guilty The is set down fer to-
morrow (this morning9
CouRr OF OYER AND Recommendations Mr. Justice
McCoun Aldermen Oliver and Smith The Court was
opened this morning grand jury was in attendanoe,
but grot her Is IN attendance al the Halls of Justice
the attendance Of the grand jury of this court dis
pepsed with petit jury then sworn and the trial
of named Clancy, Indicted for arson, was set
down for TO- morrow this morning. The court then ad
journed
CIRCUIT CouRr.-Before Mr.. Justice McCouu-This
court also opened No being ready the court
also edjourned
SUPERIOR CouRr.-Befors Judge Vanderpoel.- The
trial term commenced to-day. The court opened
By Judge Vsnaerpoel jury sworu and some inquests
taken which this branch of the court adjourned
Before Judge Oakley Samuel Pan Benscho,en Us
Emmet Rash This action of trover, to re.
the value Of qusntity of goods alleged to be
wropgfully taken under execution. The plaintiffs
brother and a person named Kane, carried the
fectionery business year ls44 in the Bowery and
tn plaintiff abO 5000:
and to the repayment of the same they executed
10 him bill of sale Of their stock in trade and fixtures
Kane the partners executed c0gnort TO the de-
PENDANT Rusk upon which judgment was entered. and
aso consent forthwith to issue execution which
accordingly done and the sherf eod the goods and
paid over the money to defendant The cause Is ad-
journed to Tomorrow (this) morning For plaintiff Mr.
n Blunt. For defendant, Mr. Samuel Sherwood
UNITED STATES Co,IslIssioNERs OrFIcE-Before Al
exerder Gardiner, EsQCharse of defrdudtng the Rtr-
eat,e.-Msrtin BrugyeInsn and Heinrich Waterman,
arrested on saturday evening, under warrant
granted BY Mr. Gardiner charge of having attempt
ed to smugele ewery out OF the ship India which
arrived in this port lately from Bremen. They were
held to bail each in the sum of $500.
CouRr OF GENERAL SESSIONS, Feb. 7-Bsfore Recorder
Scott, and Aldermen Adams and Croius-Jobn Nc
Keen, ESQ., District Attorney.-The February term OF
this court commenced this morning The calendar,
like that of the January term, is unusually light, en-
brscing thirtyone cases only list CT which we men
toned yesterday.
msmbers Of the grand jury for the term
viz David TspPan foreman Henry G: Atwood,
Charles Burton, Jiran BUl, handou hcndt, joan
Campbell, Samuel S. Constant, Joseph 4: Coffee,
II. Duryee, John Z. Foley. Albert Gsrnsey, Peter
Henly, George g. Haydock Phillip Reilly Lorenzo Mo.
ees, l. Newman j. C. Remsen, Elisha Robbins, David
Seaman and VIM. d. Skidmcrs to whom tho Recorder
delivered appropriate charge after which they retired
TO their room to commence their duties
Petit JarorsTho names Of the 81 persons summoned
petit jurors then called, OF whom rs only
swered and appeared 70 serve
Fined for Non at'endanee..Iisnry Johnson, R. p
Purdy. w. l.. Miner, John Allen. M Y Bum, F. M.
Baboock A. Jones, J. ID. Locke, D. VI. Peyser G. Per-
rim N P Penfed. w. Allison and w. F. Gregory we're
each fnei SIS for non-attendance as jurors
Forfeited james Lstson indicted for
perjury william L. Sweet In dicted for fase pretences;
Charles Blake Daniel Gallagher and Michael Divine,
vsrally indicted for assault a,d battery falling to an
swsr when sailed for trial. their recognzsuces de
clarsd TO be forfeited.
Trial for burglary John Williams, alias William
williams was then placed ut the for trial indct-