New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-02-10


srPRFME CouRT.Nos 16, D. 80, 81 IS, A. T. A, a. 40
%, S. 81, p, g. 50, 90, 90, Ct, %, o.
UNITED srArss DtsrsIcr COURT Before Judge Bstts
Jowya Allen tried charge Of larceny sea. ~
stealing % soyere'sn from fellow on board tns
defendant, Mr.. Rose and Mr.. Edwards
SUPERIOR CouRr-Before Judge Oakley. Samuel Ian
BnschOffn Emnief htk aud Ores-AcuOn Oi trrspaas
Bowery isgi in possession of Geo Ven h. and
execution against Van Game, bat claimed ~ belong
ns 10 pianh ne was stated Ia THIS trel egreeaby 10
s'e decision. that pcrOns who sureiies bond oi
indemnify TO the Sheriff iabie IN suitoi tespess
The tried before Verdict i0r psinti Sli@ 1
for painu6, Mes.rs Blunt ard Wheeler McAdsm for
defendant. MI. ). Sherwood and Mr. Lyon.
D. ~ Clarke q Co. M,rchanfF boakSuit tried once
before the OF draft sent from Phiisde
phis to John Smith Co and the check received forit
by them placed IN the Merchants Bank the day they
stopped payment IN 8f5 Verdict for plaintiff ST. 90 and
interest SUBJECT 70 the opinion Of the Court principally as
whether WIN. ". smith partner OF the irIn For
plaintf Messs Goddard Lord for defendant, Messrs
Davies Roe Bouney.
CoURT OF COMMON PLEAs-Before Judg- Day.-Ihs
People raj Richard PaH DYKE John Hooand and Geo
r. Coie-There is law by which It person takes iorc
bic possession Of premises IN possession OF another even
though the person taxing possession may have better
claim TO the premises he can be sued by the person 80
having possession and made 20 restore the property as he
found after which he ht he can proceed in e-
sal way the object being TO prevent persons
taxing property in possession Of another BY force The
proceeding test such analogous to those OF Grand
Jury -four Jurors being summoned ana not ies'
than thirteen than twenty three sworn TO try
the question The present Is such proceeding Is In
relation to an alleged Orcibe tai p)ssessionot pfemist
the side OF the fridge a. Castle Garden used as
location for salt baths l IL alleged that IN 58o
Mr. Elias Thonas obtained from the Corporation lease
Of the pIemi,es in question h used such lease In
dsctips the Franklin Bath, belonging TO Msssrs How
land a Souhmsyd, but in 1871 his connection with
them ceased, and he assigned his lease u hichtrd
Van Dyke, Sen. who built bath house called
the Washington Bath. Mr.. Van Dyke meored to the
bcge float ready place the bath house and was IN pos
session OF the premises On the 2st May, Messrs How
land southmayd brought their bath round from where
lad been during the Winter and insisted on takipg
possession OF the premises MIR. Richard Van Dyke, Jr
the his father made Intellectual attempts to pre-
vent them, nsy had 70 desis subsequent proceed
logs by both in Chsncey aud this inquiry
h1aiy allowed The Jury, composed Of . persous alter
hearing Of the testimony found that there had oeen
such forcbs taking The inquson thus found 10 IN the
nature of an indictment The law SLOWS the defend ants
notwiihstndng II, analogous 10 plea 70 an
Indictment the the tal OF the traverse the law
strain. the defence proof that the defendants were Tor
three whole years next before the inquision IN the
actual aud peacesbe possession OF the property Unless
they show that the must 90 against them IN ths
present damages claimed which must oe hfeu
by another Jury The statute gves treble damages against
defendant for f0rcbly putting party out OIL possession
Of premises that he Is entitled toFor compainants M
James I. Brady for defendant Mr.. Chase and mr. "a
ward sanford
naa-AssGUt and Baftery parties are brothers-in
law and partners IN the grocery business corner OF
Avenue and Second-st- The plaintiff confessed Jddg
ment in which the sheriff. u IL said. took possession
Plaintiff into the and defendant pushed him
out Action for assault and battery brought Verdict
Tor plaintiff cents For pitt MIR Wordsworth for de-
t.ndsat, Messrs. \. 4 J. w. White