The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-04
law IutelllUeueo.

LioY~sg TO M,Rof.Srs ~ aIs.orst-On Saturday.
the the State Grow McCrery Co for ceiling
goods without license There we're siI counts In the ia
dictmsnt. The seeond count charged the defendant
with selling goods generally. emitting the sysrrient
that the goods sold not OF the groEtb produoe
cture of this Stsfs. The third count charged
them with importing goods nom Great Britain Into
this State. and after paying the duties the same,
Offering them for sale here. IN the original packages
These two counts the Judge cousidered bad aud
therefore sustained the demurrer to them The other
tour counts he decided 90 be good These cornts
charged the ds:endsnts1st, with selling good. not
the growth produce, or msnutscture OF this state,
without license; "a. with importing goods from Mas
sachasetts and New York into ths state and Offering
the same for sale In the orgIsl aAd broken packages
The Court therefore decided the following points -
LIST That ths msrchsDt In finishing al, list t. the
esl-etor, IL not bound to include any goods which
the growth produce or snufscture OF this State
NOR any which the merchant imported directly fro N
foreign countries upon which tn. duties have been
paid and which are offered ior ssi. la the original
packages
"a Tbat he L. bound to include In his list all other
sseds than those sbov. excepted
81. Thst the State has The constitutional right TO
tar persons occupation, and that the Law taxing
merchants Is tax ON the occupation, and not tax
on goods offered for sale snd Therefore Is not os
poet tax within the meaning Of the constitution ofthc
am That the state has the right tax porta.io.s
from other States for the encouragement OF Its own
Industry 81. Lsa's Intelligence, sspi -.
CovKr o. ArFE.Ls-Octob.r 1, 1s50:-This Cogrt
commenced It's October term, at the Capitol thia
mcrnMg.
Preftnt--Hcn. hfe~ne 4. bronson. thitf Judge,
Charlie. II. Eugsiea Addison Gardner, froeboru q.
Jewstt Elis T. uurlbut. Ira Harris, Dsuie Pratt
and Henry W. Taylor.
The t.ssen uss occupied hearing motions The
sng heard at the close OF the respective
gumopts:-Csleb W. Crosby, suru e. Sc sgt Bradford
Wood, imp. Sc, rsspop dent Motion By sppsllal 10
vacste aud set aside the o:dar Diminishing the zeal
IA this esuse entered the ~ September, 1850 aud
that The time or making and hiing The return be
tended ~ days 40 Granted by default.
David l.. Jones appellant, s.t winthrop W CIT
man ana otbsrs respopdsnts Motion W appel Art !,
uento en- order entered by respondents on The 18th.
August last d,ms'ing the sppssi In this Gauss, de-
MED with coyts
Josisb Laurence, appellant. agt Nathaniel as5ord,
imp. &e., respondent. Notion W sppeilsut 20 set
aside order ebtsrc by rtspondsnt on the Gi dsy
OF August last aismisriBg the sPDrsl In this cause,
granted on payment OF oOsgs ~ motien.
Van " yck sad wife Respondents. sEt. Seya and
uife appellant maison. rsspoDdert. agt same up.
prllaEts Motion bY seymour aud wife TO dhmiss
oTofs Apposl Nroush By Mson, granted, With costs,
unless The appellant execute and fls a psoper I'M
There n motion made by rrspoaas ats In this sans
natter 10 dismiss the origia-i appeal. Held un'
der aGvisenebt.
Cctrr G. Arrrus-Air.~Y. Oct. 2-Tkis morning.
the Court took M the esl-n5sr for the nrsa tne No
IL Baker and another esrs, &c responesnts agstsst
Iorillard AZ peisut No :. Moss rsspcpisot sysinst
Iiviprston appellant No. lST Clarke cod Cls-Ss re-.
spoudepts srsirst Clarke appellant No lSy Ben
net aud anof her spp-lants. Agsirs. Brown rssPon-
APPELLANT Each of these csuscs were srLni.tsd upon
printed arguments and points.
No Radcliffe And other. e,rs. Re- Nl1s IN error
sqsirs, the MAYER SC II ErOoklyn. d-ts. In error.
ArEu.d. Tlis vas re.argunsnt q this esuss. TIL
arst srgum'nt YES heard At the lac, January term.