The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-13

Law intelligence.
sur"tmt COURT, Jan l2-Specisl Tsrm.-Before
~ William Steel, aud Others yu,ts,,-This Ia euit
between the relator tn. of the Metho
dse episcopal church and the attendants ss trustees
or one Of the societies of the church in BrookIvu Man
dam'is was ssued some months since commsn the
defendants to admit the reator the use of the nuInt
OF the society rs pastor aud preacher show cause
why they did not The d-f.nda have made rstnrn.
ana the relator by his counsel seeks to quash it, aud
moves Tor peremptory maudamus, the ground that
the return i,not sufficient answer to the writ M.ssrs
Looo aud Asa Child behalf Of the rsator insisted
tnat the religious societies composing the body tho
church. are especially protected law and that by Inc
constitution and discipline of the church. its ministers
all united In oonnection-that the bishops ara
elected off and by express of ali per
sons Joining the church, vested with authority to
distribute an ualy the ministers among the socist.s
that the pulpit in the Centenary Society in Brooklyn
becoming vacant in May last, Mr.. Griffin appointed
esthe preacher and of right should occupy the pulpit
that having interrupted him. and not having
shown cause for such interruption, be entitled to
perempsory writ to admit him. Messrs Dikeman and
Greenwood tor the defendants that the society
In Brooklyn, not society OF this church that the
oisnop bad no power To appoint q minister for them
without thtir consent that they, rs trustees had en-
poVed as mister another person and denied that Mr.
Griffin had right to be admitted he claimed This
case one ofmportance to the great body Of the Metho
dst Episcopal church. as it involves It's whole poty
and the respective rights OF ministers aud trustees
the arHument was concluded to-day by Mr. Lono on be-
half OF tue reator The decision will be given at
early day
CIRcurr CouRr Before Judge Morse. Stephen A.
Frost Us. John Rnscoe.-This an action Of as
note for S3ll 1t appeared that defendant purchased
two parcels Of land in Franklin county in this Stats
the 18Th OF October, lsi0 from Mrs. Naoma Down,
and that he gave the note in question as part Of the
purchase money. The note afterwards passed to
the plaintiff The defence was, FIRST that Mrs Downs
title YVES Detective ipasuuch upwards Of 900 Of
one OF the parcels conveyed to another person.
that the whole subject to a mortgage. Secondly,
that Mrs. Down and the defendant had had meeting,
aud upon explaining to her that her title detective
she said che would give the note that 1t in the
hands Of her in-law VINO would give I'D when a
I'd and thirdly that plaintiff did not get posses
sion of the note until after 1t became due 1t there
subject equities between the plaintiff
and defendant as 1t would be between Mrs Bown and
the defendant Counsel further commended that at all
they would be entitled to recover the sum now
claimed against the damages they sustained by reason
of the defect in the title The Judge held that the only
defence available in tho form Of action the
agreement between Mrs Bown and the defendant to
give up the note but the evidence did not show that
that agreement was perfected The defendant had his
remedy against Mrs Down, for breach of her
ty deed He therefore, directed the jury to find for the
plaintiff The jury accordingly found verdict for plain
TIL for 1901 subject to the exception
sci to the Judges instructions. For plaintiff, Nlr Gf
ford
COMMON PLEAS Before Judge UlshoeRer John Tay-
Tor Us Jam,s G. htt-This was an action TO rsco.
yer damages for breach Of covenant On the l4th of
May, 1899 the plaintiff being then years Of age was
bound apprentice to the defendant who is brass foun
der for four years eleven months and nineteen days.
with the consent of his mother and Robert Taylor,
then of the special Justices TO learn the and
trade of brass fouudr The indenturs contained
covenant the part of the ter that he would
his best endeav to instruct his apprentice in the
mystery OF tnst he would also give MN
board and lodging during the term, and allow him $50
in lieu OF clothing S and also give him four
quarters schooling at night school The plaintiff al
eges that defendant did not instruct him according
his covenant havisg only instruc ed him in particular
eranch of the trade, namely the manufacturing and
polishing brass for UMBRELLA and left him In total gno
rance OF all the other branches of IL The defendant
pleaded the general issue and notice that he would
in evidence variety matter to show that he did
comply with his covenant. The jury however, found
verdict the plaintiff for $500 For plaintiff Mr. E.
sanford and Mr.. De Kline; for defendant Mr.. N. B.
Blunt.
CouRr OF GENERAL sEssIoSs-Befors Recorder Scott,
and Aldermen DeForrest and Kelly.
Trot for R,rsiay Charles Walker, alias Wallace,
and John EcFsran placed at the bsr yesterday,
for trial Indictment for having tho 2st OF No
wick No 49, Canal street. and stealing $500 worth Of
goods consisting of ribbons gloves, &c The trial
continued until late hour last evening" when the jury
found the accused guilty, and the court sentenced
Walker to four years and nine months and Mcfarland to
four years and three months imprisonment In the State
prison
CoURr CALENoAR-This Day. Circuit Court-N Nos.
25 a. A. 81, 81, So ST. o. 81 90. 63 "a S. g. 81
1855 1871 I59 First Part-InO TO- 33s, 49, So 10 10,
- a. 80, 49, a. ST. 60 o. &c. 342, los, S5 ST. a. S.
10, 80.
surREMv CouRr THE UStrEp STATES, JAM IL, lsts.
No 100. Jonathan W and Thomas Nesmih VS. Thomas
e. Sheldon, al. n certificate in
from the Circuit Court, United Slater for Michigan
Mr. Chief Justice fancy delivered the opinion of the
court Diminishing this cause, ding the to
the said Circuit Court-No 81. Richard King, ct al,
plaintiffs in err0r vs. TIE United States The argu-
ment OF this concluded by Mr. Gipin for the
plaintiffs in errerAdjournsd till ut eleven
O'Clock.
The President Of the United States has RENTED tho
forfeiture in the matter of the bark Royal Saxon,
English vessel, that seized at Phladsphis . short
times since for conveying more than certain number
Of passengers