The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-11
Law Intelligence.

csrtiorsri from the Court Of Common rleas IL APP
pared that on the Gath of December last the plaintiff
presented petition to Judge Ipgraha setting forth
that defendants resided in Europe out Of the jursdc
ton Of the State Of New York. that they indebted
to him written contract In the Of $500, and
praying that attachment might be granted against
their real aud personal estate. The attachment
tanned osrtiorsr to bring the before the Supreme
Court. the ground that tn. Judge Ct the Court
Of Common Pleas had not Jurisdiction
CoURr The motion upon this oertiorari must be de-
MED. The d'fsndsnt In the attachment arrested the
proceedings before Judge ingrsha, and obtained dis
charge OF the sttaohmept-n pursuance of part ch g.
tle art. SEQ 81 to 81 r. ST. think this
pets recognition OF the validity OF the attscbsnt but
not ~ released tn. property attached snd gave new
Of his debt aud ousted the officer Of his Jurisdiction
under tbs attachment, that no foal determination
was had before him which can be the suh OF review
.dndreD Ross tmpl,ad.d Nth Jos,ph q. .7shl'y ads
John Haggr and others Court IL appears fsom the
It thu time he applied for discharge In bankruptcy
was not resident OF the Northern District OF New
York ard ths PLAINTIFF urge this fsot the ju.s
charge II permitted by tia practice OF the court.
shonld held this IT, BIO fatal tho discharge this
motion but the validity of bankrnpts dis 'hsrge has
not hitherto been tried 10 summary AID the
rights OF both parties In this will be best secured by
adopting the order of the court In Bangs Odcott
J & N Strong, LIST DEMO $40 Let "a rule be en-
tered granting the motion, unless the plaintiff
within sixty days, bring an action on the judgment
tho execution and levy to remain security to await
the result Of that suit the defendants to be- prohibited
from setting up In their defence the issuing ana levy
on the execution ba STAYED
Wysys ct al ptci"nfs i" error us Waite and others
part of the plaintiff for order defend might
be obliged to pay ain taxes costs incurred tbs
reversal OF the judgment Of tho Court Of Common
Pleas.
CoyRr Upon q writ of the Supreme Court re-
versed the Judgment Of the New York Common Pleas,
and awarded psnire de nouo, without awarding COST
they might be given in favor OF tho plaintiff In Ia
the discretion OF the court X, s. Ed p 5l3 sec 80
but the order of is silent as to costs was 70
he alt ind Tor apt of
exercise its discretion to costs Inferred by the
statute The paiatif in in this cannot have
without the order Of the court which never
been made This motion must bs denied but without
costs
COvsr OF GENERAL SESSIONS. Msroh 10 Before
Recorder scott aud Aldermen Purser and Gilmsrtin
John McKeon. Esq DISTRICT Attorney.
Obtaining Goods by False Prefsncss AT tn. opening
Of court this morning, Edward Werner jr wa. osled
to trial upon an Indictment charging him with having
the oath Of September ls46, obtained from the firm
OF Bensdict and Rockwell hardware merchants of tbi.
city, bill of goods amounting to about S70o b. fsse
sod fraudently representing TO the ssesmau Of the
above named rm, that he the Of real estate
in Wscoufin which would bring at auction
$4,000 $500 and that he had $1,000 In cssh while
his iabilities did Rot exceed $1,000
HoRAcs G GALok GA being examined for the prose
ton, aeposed follows:l employed as sale III
in the store OF M.ssrs. Benedict & Rockwell, In the
month OF September, 1916 when the accused accom-
panied ny a Mr. Arnold, trom WiEconsin whom | had
known for soms time applied to be furnished with a bill
If goods; setting forth that DE was the owner of iC
proved real estate in Milwaukee, worth sbout So 500
that ho had cash of his TO the amount of So O0(
more that $1,000 would all bis isbilites and lha
500 OF the ooly there was upon b,
real eststs In co0sequsnce OF these representation
and the coefdsnce he iospir' ny hic manners bill
goods amounting to S7i7 was sold him credit; tina,
on the notes beccmins due, they protested and
upon subsequent enquiry i5 certained that what
property the accused dio OF n vsry different
character and value from tho
STEWART q MARSH txsmned-i am cry goods mer-
chant, Of the 6rm OF asrh Co.. in the Sep.
ssabsr. 1875 our store ssnt No - P,arl street,
accued csilsd &c our store and applied for goods
d.t; that ne about commencing business ia Miwau
kie where. he said that he owned estate up
wards Of So 800 and which would bring SO 0O0 SOLD
under the haDmer that he had So in cash OF HI,
aod that he owed nothing except about 900 Of
which 500 lien upon eststs hat upon IA
sire gin OF these taoDs goods not
of So AL sold HIM the accused paid $3.50
the time a gave his noe for tue balance: when tn
note became due II was protested, aad has since
bson paid
JorA.MC MEEKER exsmioed--I am a boot and shoe
dealer; know he accused; he csiied at my store e.
September, 1896 and by making representation similar
to those made TO Bsnedics Rock ell also Mr. Marsh
cold him bill OF goods amounting to $685. Of whicn b,
paid $3.50 in cash and his note Tor the dance
which, however, was never paid
AT this stage Of the trial. hs court adjourned until to-
morrow morning
CouRr CALrSDAR This Day Circuit Courf-ssm.
IS Friday.
SUPREME CouRr OF THE USIrrp STATES March t.
The Supreme Court Of the oted states Washington
delivered the opinion sf the Court upon the merits OF
tho Of" the Merchants Bank CT Boston ace OF
HsrDdea Co vs. the New Jersey Steam Navigation
Company" The judgment Of the Circuit Court was
Affirmed The opinion was very eisb ors,e The deci-
sion Of tho Court below that the should psy
for the specie, fer the safe carriage which Harnden
co. had recepted it. The special contract OF Harnden
* Co with the ,eamboat company They agreed Ia
py $3.50 month for the carriage OF crats OF specific
Dimensions, upon he condition that they should b.
responsible for the sae carriage delivery any sriic
carried board OF the steamboats, between New York
and Providence. They required advertise aud
to attach TO their bills OF lsdipg notice this
N0twithssnd ding this the Court decides that che wnes
II the steamer responsible. aud they give this deci
sion upon the grouRd That there gross care
board the Lexipgton They that she was on hre
ON thu voyage before tbs III sted accident that there
was box OF goods par tally Consumed tnsn-tbst on
he last bales OF cotton placed in close prox
unity TO the boilersthat the engine in place
osow, the hose In anothsr-that the FIRE buckets
few aud good for nothing-th>t the specie boxes
ufed for water buckets That iron t,r ropes
used according to the acquisitions Of the law Of Congress
ihst no heed vas psd to many provisions Of this Law
and that, therefore, the respondents are liable.
EXPENSIVE uir.-A law suit has just been terminated
in Wyoming county which has bs-n In progress about
three years. The suit. rays the Wsrsaw N.D Torkr.
has been three times bsiore the court previous th
and Mt each time tbs jury HAYS disagreed Al this hssr
ing tse jury agreed veidiot Tor the full amount
claimed 81 the appellee, S2s 0Sths principal and inte
rest o. the balance Of note given for the purchase
,soney OF horse Tnis suit has been long pen ding
aud has been tried many times, that the have
accumulated to very large amount. We have heard
tie estimated at $500 $1,000 The payment of tho
psitry sum of S25 OF would have saved all this t alton
andi attendant costs. -.stbany journal.