New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-13
sIIPRFME COVRT
NVIItIf
Peter IIelyensieiu Ggt. julia llclSes'ein.
Decree of divorce.
SUPERIOR coURT-Before Judge CAMPBELL.

Elias Winans egt Thomas Carnley, Sheriff
To recover $500 damages for alleged Illegal
levy en- bar fixtures. furniture, &C. at public house, No
90 Fnndanist execution in favor Of Louis Rogers
sg'. VIM. 7. Denman. The property u claimed as be
longing to plaintiff, trustee Of Mr. and Mrs Litcl Of
Ehzabothtown, n j.. parents of Mrs. Denman. The
house and furniture were in possession Of Mr.. and Mrs
Denmsn at the time of the levy.
On behalf Of plaintiff 1t is said that the property orig
us.ly belonged to Mr.. DenmaD that Mr. ID. became IN
VOWED, and wac compelled % make a loan OF $500 OF
Mr. james Grdley zone OF the counsel in the caae) gy
ing 10 Mr. g. IN security mortgage OF the property IN
question Finally Mr.. q. was derous Of return ithe
money, end insisted. Mr.. d. not being able 20 pay
him (Mr being enbarrnssec) that the property should
BIZ delivered up 70 him, which was done Mr. Gridley
aiterward under the law permitting married women -
hold property sold the said property 20 Mrs d. taxing
mcrtcage o. it, sud her note for 800 for tho paylo
ing that Mrs. ID. might be enabled to carry on the
business
Some fnne anerwsrd Mr. G.. being DESTROYS OF realz.
ing the money sold the note with transfer OF the mort
gage 10 party who placed the mortgage IN the hands oil
Mr Mash, LuctOnoeT, with directions % realize ana me
properly was on the of being sold when plaintiff up
pcared as the trustee OF the father and mother OF Mrs
b paid the MONEY! aud took mortgage in his own
or the property leaving 1t IN possession Of hrs
D. Mr. D. being still attending 10 the housc) "a before.
M Rogers having obtained judgment some tune pre-
yous against Mr. DeDman rs above stated, caused exc
cuon 20 -fue and given 70 the sheriff with directions
for him 70 levy. Plaintiff notified the Deputy Sheriff "a
10 bis owncrihp Of tie property but Mr. Rogers n1e1n
ni,d the Sher and il sold. The present action Is
brought O. recover hack IL value.
In de.cnse the sheriff denies that the property was
worth 500 lie also insists that il rghtuiy levied
mo under claim against Mr. D. who, If he did not own
the property had lcyiablc interest therein =,
After proof was taken, motion was made Tor as
resl Of the com plant prime psly on the ground that
Mr. D. could not, by law give a mortgage, note, &c
The Court in reply sed the Legislature has gradually
adopted measures tor The relief OF parties 70 cave them
from destitution becoming embarrassed first grant
Ing an exemption Of certain amount from execution,
aferIard increasing the amount &c, and finally saw
III 70 psss this law, under which married women can
hold property and carry on business In their own name
ard on their behalf The Court does not feel ei-
thorzed TO dismss the complaint but the counsel Tor
defense may enter exceptions and bring the points ~
to the note and mortgage before the General Term.
Testimony taken by defense Verdict for the PLAIN
tif yaluing the property at s3CO
Geo. Z. wilkinson and others sgt hsthan snl Marx
Meyer
To recover a note for $50 made in Sept, 1851, by
Never end endorsed by marx Meyer For defense
il was said that ~ NJ having become embarrsssed en-
desvored 10 compromise with his creditors tAst ne
owed, among Others 500 10 plainiis, and they woll
not i'm biz paper until he secured them 81 COO that ne
aid go BY getting Marx NJ indorse four notes 10 the
amount, one Of which . in suit tina, il was done se
crety and in violation Of the nights Of the other credit
orr 6nd q void, &c. The case u on.
Before Judge DUEh
johnson Ggt Wlkcsoarre Coal 20
To recover for raising, as alleged, coal barge
No IT, with her cargo Of coal sunk Al foot OF Soufh rhh
s. Wlamsburgh, the defense to whcn Is tlai p.a-I
one else Already referred TO- Verdict tor de.endanis
Edmund Egan RS Patrick Mahony.
To recover damages for alleged false imprisonment
&c The defendant keeps public house on Nth Az
There was dance, or ball, a. his house evening ist
lar Isl at which plaintiff was present The parties
bec ming noisy said defendant called police officer
10 PUT them OUT who declined interfere saying he
ssw no occasion Cor 1.-THE defendant himself Il Is sad
being police officer, struck man named Dunn with
biz club when Dunns brother inserfered and beat de-
fend1nt The police came IN, and the Dunns were
taken TO the ststionhOuse Plsintif (vho was sad TO
have been the Opheus Of the evening" and another
went 70 tie tstonhcuse 20 see what had occurred az
10 the Dunns when defendant il Is said, gave him in
charge and he detained six days. In defense, was
seid dee ndsnt at the statonhouse, having been
much hurt during not his house-the plaintiff was
pointed out him Of those engaged in IT, which
he stated 70 officer and the officer locked him up.
Verdict for defendant.
COURT OF COMMON PLEAS.
Joseph Muenbuhler sgt. Frances hitenbuhler.
Divorce granted.
Clara Stevens sgt Henry P. Stephens
Motion for alimony. Referred.