New-York daily tribune., 1849-10-31

Law Courts.
| - SeVsr os orrs asn rssNSrS-rhs sarmirg up Ia
a. oesS o Sssrs. csrpsns~r was eonnsaed !ss'rf'
! -a5 - oe resumed his iorsuccn.
csyIAtsE coVsr-ssfors judge Jouss-Es~ryd
.a 'rsss~ l-a 'tss's - Hsa.s " nSs,-. 49, s.i~-'
'sson as ~ ne cor, ,usuoc.y q -. rcrs.oa Of ne
sneodst Seds sivins - indivdu.l Jadses Of other
tor. c9srGi-. ~.. s sS' SS sL"S
Jay snd ne JaSse 10 issae oder 10 'aax
nert DEBTOR snd sso 10 deoior o ssser pay 10
rslnus rghis o; scaou discovery snd 10 er6,or-
'sd ontsr y summary prec-s. ot s.ch-os ie the "a
ur- q. emas Proeeeiinx. ssd without he shs Of az
I pea BY defendant ~ higher power
hsppesred tsS Mcssrs H.ss-rty. Draper Jones %.
,sirec judgments sssinst n, , polsor. ana sxec1.
uoa ssusd returned without being ssgi,oes ~h-r "A
81. Appli-d 10 Judge Day. cf the Common Pl-u 10
der me Code for Az ooier ci discovery o 10 Nessp
aad NJ could sub -aty sppoint~d receiver Of
heir estate snd sss srnent made 10 nlm By Aessrs
the ildgmeu debtors. ~ order Of The Judge Il sp
pear. ,aey sad pre1og.y ....sped 70 NJ McNlns ana
i. 10 czmed they furnished NJ Mem slef tho
poutmeng OF receiver. with fiods to buy up csims
that ne ools slt h-n Tor ms-f &c rec-iv-r row
fssabil 10 have sh- assignment OF M-ssr. d ,soo to
~ Mem declared null snG void. Mr. stoughten In ar
srug TO- tef-rdsna the demurrer and 80 10 he un
eossumuousiyo Of hesv, ccniended nat me .onsnsu.
uon gave The powers OF Jurisdiction In sw ard equity
solely the supreme Court and ugued fn,m ioe an
gusge of tho Constitution ard from previous Constitutions
hat this he r.ecaon ogs 81 sny fse me Sonsu
uuon suihorifed ihe Legislature 10 sive equity
rc~ers Inferior Courts. II did mol snhorirs ne
svius OF such powers 70 nuss Judge OF sss .osrt
-no cSs only ses ns Comniis. oner ye rendef gees
sud entcrre them independent OF The rsh Of MAJ
Jury OF appeal OF Of tn- ss-susrds OF ne sommon
isw. rh- Code. 80 origir-ly focm-d. gsv- ssmmsfy
power single Judge 10 decid- upon tn- question Of
a1ebteaue Of ,hir parties 10 he drotor. shoush they
mi kh have dcned ~ and enforced be order oy auArn
u-ni the sssust the debtor, but on bic Mr..
.asgs.trs ths msusr 70 Mr Graham, The ssser ~n a.
tered The counsel alluded to sA- haste with which the
Code hurried through the Lesisl. hav
az oeen reported BY h- eommttee ot nine only ou the
Saturday previous 10 soe Aon0sy Of adjourn msnt snt
lie necessity which exss OF seeing thai its proc-euss
come within the hoe OF the Constitution. Toe counsel
presented several citations 20 sho- hs position to be
% the Constitution, h@ eonsot-d thar therc vas ms
io,nder the making Hsggery Co plsinufs
~ith himself and Messos. Dasou d Co. defendants iu
connection with Mr. MeMunn, ss the scop. n the law 10
eouslugousi can only be between the receiver,
officer Of ihe Court and the third party whom he Dskes
4 clsim sgsirst {" relates to she Judgment debtor.
NJ smith FOR the psirus in reply eoniended thst the
sivins equity powers to inGercr Courts aud on
wu constitutional. The Supreme Court would be unsols
10 attend TO IL all The power Of Judge compel pay
enI 10 the by third party only where
hsrs is denial OF indsb,ednsssif snere 10 denial
hs third party mu.t be reached by bill a. In this
NJ. McNann is The brolhctin-lsw Of Msssrs ID. and
bought up other claims sgsinsi them o. 70 per cent ap
proprs sing about $4,000 Tor tna purpose aud the plain
dsssy they entitled 10 that money, having belong
ed 10 Me.rs ID. tie also contended that the sug was
properly brought yuds sment reserved
Eaos Collins Jshs " Liberalization granted uness
q arrangement 10 made by which Mr. c. shall be paid
the rent N November
Ctacufr CouRr -Lsisrr @ Ca,ps.fsr s Ce vs SPIT
yian,s,-ro recover note given fos eaaso horns
already referred To. Verdict for psnn, detuclnx s!5
Tor deficiency In number te
Ul.hos der Adsls Go ~ sd, Msley karisy Mb~ Mrs
NJ fsw days since, entered q complaint for divorce
slso Tor temporary Injunction. restraining her husband
tho said Nsslsr 81 from dsposng Of or Interfering with
furniture IN her possession, and With which she 10 en-
stated tha' shs Married % said Xavier In lSo at
Chspsca. Wisconsin, have family Motion made
ye.eday Inst the injunction restraining defendant from
r. i-rerng ~ith the furniture. &c be made perpetual
luon granted.
NIrt,- Neyer ys tcr Ro.cArr a few days since
ton for chpinsl conversation entered by Mr. n
axsn. Mr 2 damages laid al sl0ono and M ordered
O. be held lo bail In the sun OF go In hs complaint
M saies that he married. snd 10 married 20 Que
Air Gertrude and lived with her until months past
Inst Alex Bosch-r then hs house and paid such
attention he wits 10 sienaso and destroy her sd-e
ton FOR h-thst ~ found IL impossible 10 live 10 the
house with her and At length by threats and other
~,se be compelled 90 leave the house an: sees
another p ard fcm BIS ssif wife lie
considers himself entitled to damages, he.
MnuOB made yesterday, by Mr. Bryan, IA behalf of
NJ BJshsr hat the order Tor bsl be vacated Mr. Bosch
declares that he charges against him by sss and
lhs shduvt OF Anser fz'c, ard that the suit has
been bron bt because said & has nsutuiSd sciion
against the said $500 that the former
hnthaf thu said Adele to this country about two
yeaTs ago then being married ~ said d. who, how
ever had been acquainted with her In G-Imtny Said
a. the lime 0f her coming out. In Wisconsin, aud
at Tor said Ace-tha she bad not the
aud pay h-r expenses and the ssii h advanced To
a ot nonsy he mas also loaned plsintf money,
kc The only way he Adele by coming out Ia
ship with her. Order 10 hold 10 bal! vacated
and undertaking snnulled cosis to abide tbs syent