New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-28
COURT PROCEEDINGS.

STATEN ISLAND FIsRERIEs-The decision
by Judge Mitchell, in supreme Court, Special Term,
was important as to the right of fisheries, the Court
hodngth party, IN order to exclusive night to the
beach aud theshshery in 'front.' when owning lands
must show an original night. The motion was for
injuncnonby Mr.. Tyson, to restrain Mr. Norton from
erecting strip Of break water, or wharf TO protect
the upland from beng washed away. Mr. y. bought
the Land from Nr. Lord, who bough, from Mr.. t.
and the latter had a clause the lease reserylng
the fishery IN front and the beach for fishery pur
poses. On the other hand, II was conienced
that the space on the beach would be level with
the top Of the wharf filed with sand, before
next Spring, when the fishing season would com
mence and that plaintiff has lot used the beach ior
three years He also denies that plaintiff has right
to the fishery the beach, although he reserved un
the conveyance 20 MIR. Lord. The afhdavts showed
shat the bTeak-wateT would not interfere with tAe
fishery.
TIE Court SAID, that generally the plaintiff must
establish his title at law before he obtains an nunc-
tion. when he claims title or right III real estate
winch the defendant denies. The present Is a case
where any damage could. N trlal al law De compen-
stated
At this stage Of the II is not necessary to de-
temine whether the Plaintiff has a legal rlght 10 the
fisheries not, or whether his nights exclusive OF
II common with all The cI.lZens. and whether Sncn
common night and reservation enttle him TO civil
action. Motion for injunction denied and Temporary
Injunction dissolved.
L. S. CIRcuIr CouRr. Before JHdge
Judson-A Grand Jury was empanneled, and Clark
son Cro!Ius. Esq. appointed foreman. The Judge
remarked that there would be no business ready 20
lay before the jury foY two weeks, and they were
DISCHARGED TO that time. The Judge stated that he
had received let;er from Judge Nelson, who IN
formed HIM that he had been last. and would be this
week. engaged 1t Albany. ii Ghere Is any business
ready that should be proceeded ID, ~ VIII De taken
up-if not the cases Will be deferred 10 next Mon
day They were so deferred The petit Jury OF the
District Court was discharged till Tuesday
CIRcuIr CoURT. Before Judge Ed
vaids-Sfephen Weeks against J. W. Lomsre.-To
recover damages for alleged SANDER, already re-
ferred to. The Jury could not agree, 1--WE are told,
as to AMOUNT and were discharged
CIRCUIT COURT. Before Judge Edwards.
-Josegh p BeckuiM act lanes II. Roone and 81
SIM his fe-To recover for quantity of furniture
obtained by Mrs II. before her marriage 10 Mr.. X.
In defense II was alleged that al the ume of the pur-
chase. IN April. lS49, Mrs K was wife OF Euah Du-
senbery from whom she obtained divorce III Aifl'
and she was married 10 plalnnf IN July IL was
shown that the articles were purchased On 2lth
April and the divorce obtained 22d. Verdict for
plaintiff $50 CS -, ~.
dt~tasfd AIT EdirarG RICHARDSON AMI frDnc'S BTreH
Mr. b. took passage IN the ship BROOKLYN IN Jan
1919. for California became SICK on the passage WIN
the scuryy, and died two days aver getting 10 IN
Francisco Mrs. b. alleges that deceased was 81
yersmith had provided for her and her eight chii-
dren and she charges that his death was owing TO
the shp beng over.crowded. taking III passengers
when Tut $50 were TO be taken and that she TO
stop al Rio JanerO and Valparaiso on her way, Tor
fre sh provisions and water SUIT IS brought Tor
damages amount laid AT $4,000 For defense II
was denied there was any agreement made as stated
and IL is said the ship stopped at san Juan, where
fresh provisions might have been obtained, but
which Is denied, The case IS on.
SUPREME CoURT-Speclai Term-Before
judge Mtchell-D CT sions-DGrm l. Tysen ast
Eirrage Norton-To restrain defendant from erect
ING b sakwater at Staten Island. Motion FOB. IN
junction denied, and temporary injunction dissolved
7foaas John Brrgr agt. Jane RgsT.-Dvorce