New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-28

DEcrsroN-PoINr OF PRACTICE.
ASasn~s. somini.,'stor ofBn.h sgt Jsus- Utter
The complaint says Bush obtained ju1g
ment in 1872 against Utter in the Court OF Common Plss
for S11z IS, Shich was doct+ed, and became ien on
will be unavailable uues execution issue as TO pre-
srve the enthat the defendants not aud does not reside
In the State ssd that plaintiff, sdm.nsrator OF Bush
Utter In the Common Pleas that Court has
10 ursdction him account OF bis and
this Cour has jurisdiction and can By pabca
The plaintiff AXIS Of this Court
issue out Of this Court out Of the Common court
IN favor oftbe said plaintiff drecsg sale Of the lands &C
codips to ID. tide viii 81 the defendant had the day Of
the oOeketing the Judgment In the Common res ne ao
shews the leave Of the Common Plea ana tns com
The first impression Of lawyer accustomed to tbs old
system gbt be that such relief could Dc granted
bTourh, on this Judgment in this Cour, or the 20 nnon
Pess but then would authorize only sucn 40 execution
"a would reach the title land that the defendant had az tue
tine Of the docketipg of the judgment and writ OF
scire scias might bsye ssued with more extensive eneo
but that authorities show. would Issue only out Of
hs Code declares that the wit Of faei1s Is abolished
E,aS and this 10 derstood 70 apply 10 all lodgmsnn
whether obtained before SINCE the Code took eject unless
she seiye (acids Issued before that time How r. tOO
Cash Bank sanford and lO The plaintiff therefore,
Ire section Of the Cooe referred to substituted another
remedy ii says: Tne remedy heretofore obtainsbe in
cse forms mag be obtained BY civil scuop under he pro-
visions this chapter. 48 Shis Is 10 chap OF tits Is
of The Code That particular chapter make, no provision
for actions between private individuals but only for scons
10 the name Of people which OF public charsc
ter As the seco. aboshed the remedy which the private
citizen well the public had by scTe fdei1' aud declares
that the remedy formerly obtained by the writ may still be
obtained BY civil action under tbs provisions oil THIS chsp'
ter and that chapter referred TO- uss no provision Ioi
suy action by the CITIZEN the words this ehspter must
refer TO UbeT chapter shsn that one II they admit OF
mesnings Every act Of the Legislature forms distinct
chapter list OF The Of the IN which passed
The If procedure is chapter 9S the laws OF S4 and
thst chapter does provide remedy by civil actin for the
citizen well the people, aud therefore the chspter
referred in section 428; sod t1s these panths
might commence action In the Common Pleas against
the defendant he resided In this county and in that new
action have dgaen thar execution should
cordng the forms effect Of the FIRST judg
For the express terms Of the Code the remedy hers
tofore obspsbe BY scs fdas may he obtained by civil
tiob the full remedy therefore Of the old writ with al its
still retained and is still obtsicabe BY acon lin the
action The plaintiff could not have judgment that
hsd tine Of ths docketDg OF the first udg
snt plaintiff would not have What the Code gives him
all the remedies heretofore ebtsnsbs BY eire Jlcios
t was not denied tha the pntn would have such relief
In an action In the Common Pleas and there nothing Ia
the Code in any ether law which prevents plaintiff
SUING his election in the suprer Court Coat of
Common Pless whether bis action be founded on uog
ment contrast; and in any action the supreme Court
Common Pl.as would be bound TO give.
But II Is sad oy the Code and BY former statutes the
substance execution prescribed that IT, that shs
direct the Sheriff cell the real property belonging to the
defendant the day when the JUDGMENT was docketed In
here referred to Is the judgment which orders the excel
ton There Is doubt that Ia most cases the Judgment
would satisfy the meaoing OF the law but the term tIe
any which the law intends should be so enforced
No parate form Of execution Is provided for scre dcid',
for that abolished the judgment that was FOR exc
the original judg nent. SO no special
form of Judgment provided for an action on snent
but provision lie which ,clsres and
execution the in effect which before could be obtained
by aud that general provision must be alto wed
full eieci when interpreting that part OF tue la whlch
presrbes the form OF the execution To do this the words
"the Judgment" in section 289 must mean the judgment
Which BY the order judgment OF the Court "iog the
executor declared be tn. judgm,n MT according II
the full and effect Of which execution is 70 issue
Without this construction efficient Judgment could be
tvep 1.-THE suit In the Cour' In which the action was
brought action brought in this Court on one OF
Its own judeuenis.
Code which 10 give simple mode OF relief by action,
say that 1t abolished remedv which before relei
and provided substitute for 1t taows to party al az
ton aid defines action to be In Court OF
Justice by which party prosecntes another Tor tue en-
require tho Courts 10 mould every action aud ths pro-
der It, that gnt htch party has may De
enforced OF protected IL II m done Consistent with law
and must epeTaly be consistent with law II legal rsnt
Exists and the opposite party be saesct to the utsd
ton 81 the Court -. .
The demurrer Is overuled with costs with liberty to the
defer dant to amend symen Of costs aat eXeSuuon to
issue from this curt
In the matter Of the petition II Caroline NJ Barry.
This CONT cannot petition. order the adm ntustof
what Ii may chen2e the trustee or substitute anew
one and the ne one might obtain the stock Perhaps the
Sure gate might petition direct the Administrator to
convey OF transfer. -
nspieI ID. Howard Henry w. Ellsworth.
JUDGMENT On order OF referees.
SUIT FOR DIVORCE.
Lncy Coop nst Samuel COor. .
TIE proof OF marriage has not been given ffo)i must %
supplied In order TO decree.