The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-13
Supreme Cours-sp.eisI Term.

Before Judge Edmopds
Jan. 2oDtcIsoNs-.e,gn. W Price 70. JIred ~
Shbns.-Order for attachment for not werng, made
absolute. with eosts
RoI,,f Man r, Nm. r BLok,- In suit on q note
By the .rdorssr sgsnst the maker necessary
10 that the maker bad n toe OF transfer be-
for. the pot- b, came due No objections TO . CON-
psint can he made demurrer except those specified
Ia the d,Eurrer pursuant section las Of the code
Demurrer oysrruled. With oo.ts.
Jehn Lssan rs. Ls Roy. Pserspanf and Ohers.-t IL
ooupstsbt FOR a pss-.pssr 90 busrd q ferry boat who
has been injured by collision 18th another beat to
tosis for the JOINT act 81 both Demurrer overruled
vith costs, With lsav. To sos~sr over.
Geo. BH',m q, jane B"rrtH Divorce refused,
there being no evidence OF service OF process and
eviderce OF Usrrizxe.
Cosu,iius TsrS,rbh 70. TR, ci,y Of Ess York.-rhe
plaintiff s,ttipg up IN thu. suit claim for
the ferry the bukhesf the injunction must be dis,
solved 80 far a. ~ rrstrsns tue defendants from re-
moving the plsntrs fua. frosn the slip. or removing
the ferry house and gates erected bnlahssd be-
tween pier No Fast river SD Pier batlt by
the pislBhr And IL appearing tns, pisiotin gave up
aud removed his ferry piit.s-. aud expended Large
sum OF money In treeiipg the p,rr IN plapcs
With the resolutions ~ the lennon Council aud
thsT, by obtained uRst to ess- tor such p.r aud AZ
not appearing What the terms % the lease offered
TO ana refused by the pa'uth, nor whether the
Ia scoordauce ~ith the rights OF the parties aud
the b-iog unabie for this reason to aso-rtan
Whether plaintiff right wrong in refusing to ac-
cpt the tease offered the injunction must BE- restrain
ed 20 tar ~ restraints the o.rudsnts fro disturb
ing the plaintiff In the possession of the nsw
the suit
ESrors D Morgan aud O,s,rs Is F,eaeriek .gserv.-
when attic hment under sue code has bceu impro-
yidsrty OF rsgusriy is-ued the proper remedy h
by appeal. but by special motion. Ga such motion,
the Ilsibtf viii not b. rooao-d TO the aIasit. on
Itch the attachment sss obaln.d but msy introduce
others well 20 bolster up tn original Application as
TO rebut the nfdsvits ~ the 1sf-nsant
process Ia the prog-e-s - suit aud like other
wits must be issued sDisr the signature OF the clerk
though not I'll sss.d BY judge aud entirely
der the control q ID. court they Iasy be obtained
the sndsst Of the party cell az Of ssy other per-
con, and informston ana B-sf ~hen that shali be
presented In such form that the lodge can act Judi
ciouly on " In order C. oofain chmsnt a l. mot
ncssssr that the debtor have secretly 5sparted
that be should have an tntsnttoa to d.fraud his
creditors ~ 4 enough though re has publicly DEPART
81 that such departure ~ih the intent 10 avoid
the service Of summon In tbis case a. sppearisa to
the court that the deenaat hsi gnoe abroad not With
Intention 10 defrsud hs cr.ditr. but rh intent
20 BE- out Of the ct The t~ sfbis failure aud avoid
the ser,ice % untl sft-r the excite has
parsed away the motions 10 aside the stashm ats
must Be- denied
Chsnj'su and Oi,,rs ode Charles RI Da1i,v-- ire
versDg an ipquision flr frcioe entry aud detAiner
tatpssiite that the entry merely trespass, aud
not WIN strong hand or nuitisude OF people with no
threats OF Iersons violence unueual weapons judg
ment for the defendants With cosis
JossJh y Nores ~ Hope uu,nai Lys Hsaranacs Goa.
TdnV the report of rsfsrse IL the whole
Issue tie nod of review IL either By motion q. spe-
cs TEL for ~ hearing ~ general term or By making
case having incorporated into the record and
risd W 20 the general tern h7 appeal, the latter
v be adopted rather than the former (uniess
under peculiar crcuustarce because Of the seonitT
which The perry will be required give IN Ter TO
tbtsD stay Of proceedings on the ju fgmsnt Motior
for hearing denied aud motion that thecase b.
copofstsd into the record granted costs " abide the
event.