The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-11

a. Nj. rreS8ut-Dreou z.
BrOpson. hief Judge, Charles Il. Rugslss, Addison
Gardner. Freedom q Jewett and EIishs r. Hurlbut,
Judge Maynard. who ut is understood) will bs unable,
nom Ill health TO attend the tern The Court pro-
eeedsa in ts usual course Of Blu insss and heard
tiops in the erst instance o. Doty appellant against
Brown respondent No I4S on the calendar. Notion
by respondent to strike the cause from the calendar
ana 20 dismiss the appeal granted with cssts Maria
Wieting respondent against Daniel ~ Ksser, appel
liant lnot on the cslendar Motion by respondent to
pesnt apply the Supreme Court for leave to raru
the case INTO Dill OF exemptions special verdict &c.
Daniel Grof respondent szsinst Peter q. Sharp and
Others appellants mot ON the calender Motion bv
respondent to dtmiss the appeal granted with costs,
sheldon appellant No i75 Motion by snoslisut that
he have 40 days after settlement Of the bill Vt sxcep
tioDs in the court below to procure the return to be
filed and to copies Of the and that In the
time all proceedings on the part Of respouA-
be stayed granted by default Two other motions
made which held under advisemeut Cause
No. DO The GALE ndar, was on notion placed at NO.
sa,s On taking up the calendar, the Chief Judge
marked that he observed q number OF causes marked
g. return nled" In all such the would
not b. heard unless certificate of the Clerk pro-
ductd that the return had been filed And hereafter
the Ci.rh viii not be allowed TO put any cause upon the
csiep dsr where filed The argument Of
No vac commenced but not concluded at the hour Of
adjournment Is p M. This cause was argued In
Sept 1e4s and q re argument ordered in Dec lslS.
THURSDAY, Jan 3-The sreuemept Of No. was CON-
wss called and reserved account Of the illness OF
counsel No was concluded The argument Of No.
6conmenced- not concluded at the hour Of adjourn
ment.
Jan. 4.-rhis beisg regular motion day. several
tiops we're made. which remain under advissment, sx
c-pt the following: Horace Dresser appellant, sgt.
Benjamin + Brooks. respondent, No. l74. Motion by
appellant thst sl proceedings the part of the
spobdtnt since aud including the l4th of August i9,
when the appeal dismissed under the 7th existing
rule OF the Couro be set s.ids Sc denied, ~ithouS
titur ard all subsequent proceedings be vacated de-
MED with costs. The argument Of No q (comme nced
yes.r.ta and ooD;nSsa Until one p NJ Tss Court
announced that herssfte com mencing to day, two
sessions # the Court will be held recess from two to
four +. M. taken.
CouRr or ArrrALs, Jan. T-saturday evening MOL
was concluded NO IL called and reversed (loss o
To-day No r. Argued. No 10. Called aud mo-
ton by appellants to the argument 60 enab
the appellants 60 procure statement Of facts em the
court below: Granted on payment of costs of term
JAN. s. No II Judgment reversed, and new trial
granted; costs TO abide events, by default No Is.
opening argument continued until the hour Of ADJOURN
ment
JAN. 8-Yesterdsy afternoon session-No 1i-Called
and judgment reversed by default The argument OF
No. retervsd cause (comme last svsniugJ ooa-
cluded to-day No l6-Argued Nos IL aud ~ : these
causes div diving the same qusstons we're called aud
the question # ton OF this tbs
jeet matter Of the hsvsg been raised the
were reserved In orcer TO give the respective counsel
and the Court an opportunity Of examining that
tiop No ls-fhe opening argument Of this cause
cor tipued to the hour Of recsss q P M. TIE argu-
nent Of No. Is continued unt the hour OF xijourn.
ment In the evening and concluded To day the argu-
Dent Of No. ~ continued until the hour of recess
r. NJ not concluded.
SUPREME COURT OF THE UNITED STATES Jan 3-No
II. II W. Ladd vs. J. b. Lsdd 1t al.-appeai from the
Circuit Court United STATES for the Dist Colum oa
Mr.. Justice Daniel the opinion of this court delivered
Affirming decree Of the said Circuit Court in this
With costs No 1876 g. Peale plaintiff in error vs.
III Phipps ct al Mr. Justice the ooiu-
ion OF this court overrulipg the motion to dismiss tns
writ Of error. No. ga N. Reed, plaintiff In error,
vs. The rropretors OF Locks and Canals the Msrr-
mack river The argument Of this ID
No 249. John LOWS, appellant, VS. Sarah Darling
On appeal the District Court United states
fnr Ioha Nm .nftn HE
and dismissed with costs
J.ruARY mo. Is. Samuel veasie VS. Nathaniel L.
Williams and aL-App-sl from the Circuit Court Of the
vered tbsIopipion OF the reversing aud
the decree Of the ssid Circuit cause and
deoresiDg that psinsnt shall retain the property
the price OF $4,000 fairly BID by him. that
she'll reund ell moneys paid, and caacel notes aud
pay all cotts No. Il Asher N Nathan vs. the sS.ts
OF Louisiapa-ln error to the Supreme Court Loni
ara Mr. Justice Mclean delivered the opinion Of the
court snirmfpg the judgment Of said Supreme court
in this cause, with costs No. 81 Charlotte Tsyl,r,
appellant, VS. James Taylor and si-rho araunsEt OF
this cause was continued
JASvAnr s-Msrcius L. Cobb, Esq OF New York
was admitted an attorney aud counsellor coue
No. % Anna Tut, vs. Charles ruts ct. al App..t
from circuit court United States fer Mass lshns,tc
The decree Of the court this ~. 4-c
ed upon the terms filed by the parties. No 81 Cpsr-
lotte Taylor appellant, vs.. James Taylor 1T al rae
argument Of this concluded by Mr. IIol nas
Tor the appellant No "a. e b. Caldx eii plaintiff 1,
or VS. The United States. This cause vas a-grsi
by MIR Fson for the plsiatid OF error aud by ar At
torney General Johnson for the defendants la srro
Adjourned oil TO morrow, IL O'Clock.
SUPREME CouRr or rHr Usrrio srArIs, Jan No
"a A. TUFTS VS. e. Tufts and al Appeal from the Cir
cult Court OF the United States for Mss-a,hu... ma
decree OF 'ad Circuit Court vas Affirmed upan the
terms filed by the parties. No 81 q rayl,r vs. ..
Taylor ADD al The argument Of this co.,
eluded No 80 L. Csii~ril, plsintid ia error, vs..
the United States -This cause was argued.
SUPREME Cornr on Mas.,cHusErrs-T Sonl, p Hrrt
rs George W Hart. This an action OF assam ,.it
to recover balance Of account due nrm OF .n
a NSU O1k nj hf.fe H.. .l.f.a
tur,ivng partner IL appeared that the late III. .r
Of New York amerchsut In large busin,ss having NJ
tin and dsitpdap Who are brothers rh- plsa;in a,
took int partnership vita HIM 10 his general bust.
ness and sent the defendant 10 Chicago dealt
largely in produce, making shipm-nts t. EIi Hart X
Go and drawing upon them for large amounts rhs
DEFENDANT drafts exceeded his consignment and r.
pttanoes every year. until IN January Istj the h.
lance sRsnst him In thu books amounted to $50 lDt
In December, lS4s, IN Hart died leaving wiaos and
one daughter, who married Earnest Fi-dlrr OF Nav
lork. merchant OF sstab he'd credit The survigiag
partner Tbomss Hart being unabls to ~iDd ap the
extended sharr 81 the firm, made, with the ~
the beirs Of III Hart, Earnest Fielder
OF AL 70. property aud claims Of the r In trust to
pay debts ana collect dues and T. divide the np.I
balspc. b.tse-n the parties In interest, raj, as.igo-
n'ht vas under seal, and the defendant va. a sas-
sciibng witness It. but IL ala not cptain an, ,-h.-
dule 81 claims Affr some oorrrsponIsncs sst scsu
Mr. Fielder and the defendant tbi suit was hroutht
W TIE pam. 81 the surviving partner Bat Tor the bsne
~ 81 the trust After the SUIT broight IN. pain
tin gave as surviving the defen ut rsi+as
IN iu from al osmandt q the late firm Chi-f Jus-
- '"i'e NusL t"e 70 VIZ Fsfi1'eF
vss not a. commended for by IN. defendant a mere
possr 81 attorney. or convey snc- r.vocabe at vii
or on the happening Of contn gency shi.h had oo-
CURED but convey 81 Nil the propertv and
claims II the firm. ves.ing title In lr Fielder Ia
tTust and disesirg the pisintiG ~ all ue and to,er
of aud Of tn. heir. 81 EI fart ss cell a,
q the pisin'G. aud that after this couvsyan,. IN.
paibtin sonld not release debt. could ths deud
ant Who kne~ 81 aud had recognized the con gsya
receive release Witch would De v.d ax.n, tue t-u.
tee suing In the name q the pisinun rne jury re-
tuft'd verdict Tor the painful for IN. bssn-. Of
account Nth interest smounting e. forty tvo thou-
sand Two hundred aud nHety three dollars, aud ten
Battle Between tue Em,grsnts aud apscha
H. t"ns. az the ssodsiup uou. tal..
Our fellos citizen, Nsjor Is. W upck who lei h.re
on tbe zlst Dlt express 20 Msor Smhs trsiu re.
turned the from m. p.-os 10. go