The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-21
Supreme Court-spcciaI Term.


Question Of Jurisdiction Isaac Parker and others Ga
,enee Shepard-This action to sum Of
money contract The plaintiffs are residents Of Mas
sachus its the defendant resides in Wisconsin The de-
PENDANT says personal service within the State has been
made on him, and lie has not appeared in the action,
except by counsel TO object to the jurisdiction
of the court The Judge, in denying the molten
to vacate attachment with 80 costs says the affidavit of
defendant himself shows that the property held by Brown
security for payment Of debt; that remaining interest
in the defendant is attaehable witness says that de-
fendant resides in Wisconsin where he IL ~ that
shows that the defendant cannot be found in this State
1t said the property in Browns hands being notes made
by persons residing in Wisconsin s not property here,
and s not attaohable here that the Sheriff could not
rue il here but he could sue the makers If they
should be found here and he could also by publica
ton At all events it would be proper to allow the
plaintiffs TO proceed now and let the question whether
the makers residence in another State the proper
ty to be deemed in Law situated there or here where the
note is passed on, in suit by the Sheriff."
Meyer Lcnt-Mr. Shaw, who made the agreement
with psintG states that the mortgages given by
mechanics liens in favor of the plaintiff for work done,
and to be DONE said land Although an adjournment
allowed to the defendant TO procure Mr. 5haws all.
day and he shows by 1t that the agreement was that
the mortgages should be given in satisfaction OF the con-
tract Of Lent TO ply In part for that work BY the con-
was any such agreement. The builder might discharge
or release the lands from the mechanics lien, but he
would not thereby discharge or alter the original
that it could not be enforced by him. Tie
builder could not insist that he was now to get money,
when before lac to take lands, nor the owner
the land that he was pay in money instead Of lands
unless that the clear and express agreement OF the
parties The plaintiffs complaint to enforce the spe
cfc performance Of the contract for the conveyance OF
house ando and he aks for injunction and receiver
during the tendency Of the suit 20 far as the facts now
appears he Il entitled the relief which he asks The an
IL true alleges that the mortgages were received in
satisfaction OF the original contract but that conclusion
Of law and not statement Of fact and when the defsn-
dsnt allowed prove that there was such contract
be failed to do so The injunction must be allowed and
the receiver be appointed with $40 costs to plaintiffs
SEPT 2o-Isaae G. Graham I'm. X. Gouiding and
others This was an action brought to compel dssolu
ton Of the partnership existing between Defendants and
for the appointment Of receiver OF the partnership ef
fects and the payment Of debts due plaintiff TO the
amount Of over $7766 The Judge says-The action u
against Judgment debtor and against other persons who
are said to be In fact his partners but pretending 70 Be
bis employers The plaintiff claims account Of the
debtor share in the supposed partnership The psstner
ship denied by the dsiendans The plaintiff ssu TOT
reference on the ground that the examination Of long
account will be necessary. 1t s admitted that No ~
count will be necessary II the plaintiff fails llvt n
partnsrship The ksue, gubstantially H. wne' ~
there l. pa.tn..shp or not and t1 sn,sv 20 =
rey4a'p tire smonrt which be V sutsN"d ~ ve'nV"'