New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-04

foot OF CllL'ou-St. already referred 10 me tpnr
considered the schooner 10 fIar that she m'gh'
have ayoldea The collision El'e tNe ferry boat wl,
on her regular track. and Ga al she could to @vo g
i. Damages IN favor OF thc feriy-ooaI. Reference
10 ascertain amount.
ALLEGED Fitting Ouf tis c,eo.a'rl-The recognr
zanceS OF MI OcIlhysn ,hls surety, Dr Rogers, rs
father in law. being too unHel 10 attend Court "a
renew them to next term were nOmlnaily forfeited
but they viii Il IS understood be renewed.
/. s. MARSHALs OFFICE. Charge. ami
Fafai Accidsnt-Compialnt WAS made By Capt. Post
of the ship Richard Alsop, from Liverpool, against
seven OF bis crew, charging them With an ensea'or
10 make a revolt IL Is sad the men refused 10 do
duty and the vessel being IN danger OF losing some
Of her sails the doctor volunteered 10 20 aioii anu
assist 70 Get them H. but fell - the deck and WAS
instantly killed.
The examinaton,was to have been held by Com
missioner Nelson. and the parties appeared. VII.
RIdeuav for the United States and Mr. Donohue TOR
defense Mr. T. stated that a number Of the men re-
fused do duty. having complained al beng called
mp toe often and that passengers had 10 ne employed
to work hsr The docIor-who had been for the o.
casion APPOINTED by the captain tnlrd mate-he was
aloh fixing one of the sails when ne fell 20 the deck,
and rece we'd such severe injury that he was render
cd inssnSble, and died IN four or five hours. Inc
fused to do so Mr.. Donohue waived an examinl-
ton, and the men were committed
SUPREME C0URr-Gcrera Term -
Points IN Decisions Wis 10 sns' n GAR
r Wfsner-The mdorSernent OF note for the guar
dian by his ward, Just come of age The accounts Of
the guardian not yet settled. ana the Endorsement
procured w influence of the guardian cannot be en-
forced by the creditor oi the guardian, II ne IA
enough 10 put him on inquiry.
L0,tff ACT German K. church The acts of trustees
Of church holding under ciaun Of an election
though the election was alterwud set ASIDE, are
binding upon the church IN respect 10 parties not
aware OF their detective THE.
Nr0n agt. Bach Summary proceedings on the
part Of a landlord 10 evlct tenan, cannot be taken
where the lease has expired BY forfeiture the remedy
must be by SUIT. Forfeiture for breach Of covenant
Is waived oy lapse OF time and subsequent receipt of
rent by the landlord.
Dicfsrson act. Seey.-As between the shipper OF
goods and owner OF the vessel bill of ldding may De
explained ar rectlfed, but not between the owner
and the conSignee or assignee who has advanced
money on the strength OF the bill OF mdlng
EgsieSt0H agt o. anu 4. Railroad t0--Sut cannot
be maintained to judgment against foreign corpo-
ration In our Courts except the of action arises
III ihis State, The corporation has property IN TINS
State which IAN be attached.
Vcrm4iye act B0sGF'.On a SUIT against one of two
loInt and several doctors. where The plea OF hmlta-
lions replied that tAs suit is within six years Of
the time IN which the party was not aoscnt nom toe
State II is no defense ihat the ohe1 had been here
ali the time. On JOINT and several clam me statute
may apply 20 one and not the other.
Beld,R at Sfl' u Bflfen.-The stipulation apollo
10 the whole of the assets aud to whatever may be
realized from them, and not to any excess they might
produce over their nominal value.
Sngdan q Sage AZ sat Of Mer7ect-ln IN acton
for value IF personal property, arrest can only apply
as.tO the party having possession, ana not 10 one
who has IN good faith parted with possession before
sult brought
Thompson aet Dckrson--In An actonin bond TO
discharge a foreign attachment. the debtor IS not
competent witness for the defendant In such &C
ton creclor can recover on the bond any sum thd
he can prove. even # under : 400.
NcCOffcr agt. HD0kcr-A deposition Of a witness IN
The state put more than 100 miles from place Oftua
obf4 f,ab fba no
the clause allowing It had been repealed, and no
saving clause, III lei9.
Nd uAoush az sf9t n RaHk4n.-On note on time,
with hypothecaton Of stock the party has grace on
the but not the stock, which can be sold before
the note Is payable the sale, however, must be nj
public auction and not At the Board OF Brokers' I'M
less by express consent II not the defendant IA en-
ued 10 the highest value after the sale to the time
of trial
johnson agt Anderson After notice from the at
orney that the Judgment which Is for costs, belongs
to hun, the defendant caGnot avail himself of a r.
lease obtained from the plaintiff.
Curries agt. rbeesbr0agh. Proceedings supplentay
20 an execution cannot he taken after the lapse 81
I'VE wears from me return of the execution unsat-
sfed.
Hatfeld agt Bloodgood-Thc provisions Of the code
permitting suit to be revived against the executors
OF a dece party applies as well to the defendant
IN cross bill as 70 the original SUIT
SUPREME CouRr-Spec,a Term.-Be-
fore Judge EdmOnds .-Hdry Inn cook agt, Truman
cook 1t was stated III this case that while Mr. {.
was absent on business bill ofdlyorce was obtained
against him. wholly without his knowledge, and NJ
was arrested here on ne exeat, IN October, on a
clam by plaintiff for maintenance, &c. and ~ now
III prison. He asks 10 have the decree OF divorce set
ASIDE, and also that he Oe released from lmprlsOn-
ment on the ne eIedt. he being unable % procure
bal The facts 10 the course formerly pursued
by the Court of Chancery regarded ne exeats are
10 be submitted to the Court.
Samuel Earn agt. ESceHuTd BERN. -R0ierred.
In the matter n JOhn Lure, Giegsd h1idtic-tlnd-
ing OF jury confirmed arr Joseph T Large appointed
committee.
IIeilNa J. Lash sg'. Joan DeHn e.. Last--Papers
submitted
CIRcuIr COURT Before Judge Edmonds
The calandaI was called, and some nquests,
ready were taken, the Court announcing TO plain
THIS that they must take lnquests where the cases
called, or the case go OF for the term In some
clse, before they were again reached IN order the
defendants came N, and attended 10 them. The de
termination ofthe Court appeared TO be not 20 set
down a. postpone any causes.
SUPERIOR CoURT-Betore Judge Duer
-iary 4. Hamilton vs. William Hamilton. SUIT for
divorce On report Of referee and motion OF Martin
Van llleveIbarsh, plaintiff attorney Decree Of
yorce granted
CouRr or OYER AND TERMSER.-The
November term opened this forenoon before Judge
Edmonds and AlI, Dodge anc Miller.
There are out four cases 20 De tried this term
Antoine Lopez charged With the murder Of Mr
Foster. policeman Otto GrInZig, indicted. iOf the
murder, by poison, OF his nIfe and Angelo >quarlo,
for the MURDER OF a man. by staD3ng, Spruce-st-
They a,e al cases which were iaid over from Last
term. The other that Of imes Ferguson. on
4 charge Of perjury, sent 10 this Court tom the
Sessions.
There being business for the Grand Jury, !; was
clschtrged- and the Pect guTy Of The oyer and
Tenuiner till Monday next, the Judge stating iAal
the me for non-atIendance after that Wlli be so
day.
The District Attorney, II he case ofJames Fergl-
son, said he shed the defendant called. which ~as
done and not answering, the District AttOrnes sad
he moved tnat ms recogRlZanceS DC forfeited Order
accordingly
The same off, er announced that there IS 4 case Of
tn Pe0tis at Jacs Gord9R BenNst for libel. which
was Oroueh, 10 tins Court n the beginning Of the
wear from the Sessions and he wished u sent back.
Granted
1t vas announced By Tie Dstric,-Attorney that no