The New York herald., 1851-09-27

DECISIONS By HON. JUDGE IS0RAHAM.
SEPT 25.-yas. W. BHkey jacob W. DILLON This mo-
ton order OF arrest upon which the de-
fendsnt arrested In March 1850 Since that time bail
has been put and become perfected By not being ex
cepted to- Judgment been obtained ana the bail
sued and after such suit the has been
rendered BY his ball and IS now in custody clearly
Of the opinion that the defendant late In his mo-
ton. by the code the motion may be made ct any time
before the bail justify This the rule under the old
could be made after the bail was perfected and no us
hcation necessary Then, understan nd the rule
20 tnst Inc motion may be made at any time before
plaintiff whether by emitting except by justifca
ton But even saPPosng the other view STILL
the defendant in tbs by his long acquescencs In
the order Of arrest is late to maze the motion He
has dslsyed eighteen months-suered Judgment to be
obtained and kis bail to be sued and then
himself discharge of bail Ic,nnot imagine a case In
which acquissceuce in q proceeding be fully
shown IL Is hardly necessary to add that if the letters
there n no ground for asking to have the order dis
Charged but as the motion must be denied upon the
grounds above stated is unnecessary to discuss the
merits Of the motion.
George johnson rs. j. d Wilson and John 7anner-Mo-
on granted uness defendants the costs and counsel
fee.
James Harrison, George Harrison, Henry Suyiam, Jun,
qimct Reed and Daniel Ssyda~ Isaac Nevton Daniei
Drew and Seth Key-In this the dese endants were
restrained by temporary injunction from finishing
wooden building in the Of erection the bulk
head between Corandt ard Liberty streets l. is stated
by the this building completed exter
naly excepting portion of one end and hanging the
dools, &C. This not denied the part Of the plain
tis Upon the Argument Of this motion to make such
Injunction perpetual IL occurred to that there was
no reason why the defendants should be epjoned
completing the building that all the ioJury the
plaintiffs could sustain from its erection, would be
sustained by them from its present condition fully
as If the building entirely completed; while, on
the other hand, to continue the injunction, would
cause oss and injury to the defendants Under such
a view Of the case, there could be propriety
in prosecuting the completion Of the building in its
ssntform Subsequent reelection has strengthened the
opinion EXPIRE fsed the argument II IL clearly
nuisance, created without the semb,ance of right
II M would be productive OF injury to the plaintiffs
II would be proper to examine the other questions in
voved In this motion But where such is accedea
to be the and the only benefit to result from the in
jur ction would be to deprive the defendants in the
meantime, Of the building. cannot any propriey
IN its continuance In Osborne Taylor Is, psgs
615) tie Chancellor says A preliminary injunction
right or interest Of the complainant which may be
injured impaired endar ered by the proceedings of
the defendant In the meantime Ii freq uently
out upon the hearing that the sole object to
bsrrass the defendants proceeding and thus compel
compromise" Where is apparent that such effects
can be produced will in any way, injury
plaintiffs from refusing the Injunction il ought be
continued Where there il 30 much doubt
upon the merits Of the controversy and Injury
result to the plaintiffs from denying the motion; and
volyed opinion is that this motion should bs denied
Motion Denied and the temporary injunction dis
solved; defendants costs So to abide the event.
Wm Cu,1ie and Jas Currie ads Edcard c. Weeks This
was motion to vacate order OF arrest the ground
that IL was improyidcntly granted, and should be
vacated 1t appears that Weeks had. on the pa of
August, cashed check for Currie & Cprrie, on the
Metropolitan Bank for the of 50 200 without motto.
1t was aptedated one day, and payment refused Next
day IL was discovered that Currie Co had stopped
payment and order obtained by Weeks for their
aIiett. This motion to vacate the order was denied