New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-13
POINTS IN TIE ABOVE.
hkS..~ a. Irs. -

A1otton 70 boc0fe AyvtS
The defendant arrested and hss continued in
tosfy Judgment and execution have been isrued He
SKIS that the order Of arrest be vacated II opposcd
on the ground that be Is toolse The Count nothing
IN the Code in relation TO discharge from arrests
cept the aoith section there case In Ssndsors SUP
Court Reports roo but they xlfude to where bail hes
been given. Under the circumstances the party g.
titled TO be discharged but the condition that he doas
not bring suit for false imprisonment
Buckley sgt Smith and Brush.
On the trial which for alleged false iuprisoa.
ment) the complaint Mr. kcttletss. who wss also
. defendant dismsscd-and as 70 the prcsensde
fndsnf the Court charged the Jury defendants having
pleaded sepsrse) that they were At liberty nthey ssW
ft TO bring in larger Of damages against one
than against the other and they returned verdict
against Mr. Smith for 81 so ard Mr. Brush s5oo Mr.
buckley has entered up udgment against bo<h dciena'
snts ,or ne larger sum- waving the damages agsinsf M
brush MT B. cow asks that the Judgment be SCI ss.de
asrreSur on the ground thst the plaintiff has no right
dered
In rcgsrd to this Mater Of joint d-f.nisnts th.re
much confusion, the Court said in the books and
ficting decisions Mr. B. would no doubt have right
to enter nclle proseuu - 10 Mr. Brush and take juds
ment against Mr.. s The Court has decided not 10 in
terere In such case notion but leave plaintiff IL he
viii take the hazard OF its being reversed to h juas-
ment An allowance OF SIS inside plaintiff By
the Court as.ns, Mr. Smith an. Ss s ss :Yns M
the amount must be reduced TO SIS
Purdy sgt Phillips
The parties are executors The question - to In.
terest bond given by OF the deceased ~ the
other but in which no interest was expressed Held
that interest such case from the date Of
the investment
fstman sst Schepeler.
Where bsnk power Of attorney, accompanying .
pledge Of stock declared be for value received and
nrcvocsble mot mere power for agent TO trsnsier
entitled the holder to the stock against the world liz
originally given os third party in security for loo.
for less than its vs and the party loaning borrowed
OF defendant larger amount pleging the stock with
the blank power OF attorney, &c
Lawrence agt Kemp
Gas htsngs TOR store. such as chandelier, lamps aae
and window lampe, Sc. are not fixtures, and can %
taken by MORTGAGE.
Prsoss not lawyers cesdxofiss suits.
In one of the cases Judge Bosworth rendered decn
ion holding that aperson not admitted - an attorney
cannot conduct suit unless he specially appointed m
open Court unless upon authority IN writing rule
is entered in open Court allowing him to conduct the
cause The Judge avoided expressing. any opinion -
10 whether the Of ls47 Che amended Judiciary acJ
authorizing any person OF good moral character &c., to
appear and conduct suit, IL or Is not CONSTITUTIONAL
although the clause has been held unconstitutional by
full bench Of the Supreme Court OF the First District,
cd Bark Sup. Court Reports) Judgment Get aside -
irregular the plaintiff not being bound 10 take notice OF
papers served upon him, in behalf Of defendant BY
person an attorney and approved by the Court
as person OF good moral character before the pro-
ceedng
Frivolous assr~s
The Court held th,t tlsre Is distinction
frivolous and a sham answcr-,he latter the Court be-
ing enabled to strike out the former not, although the
Court might disregard IL snd proceed to Judgment
Before Judge PAYNE
Moses & Son against John A. Fisk.
To recover SAP, value of quantity Of butter sold
Wilson h. Holmes credit, on the representation OF
Mr. F. that Mr. III was responsible &C, already rc-
ferred to- The Jury could not agree, and were Dis
charged
SUPREME COURT-sPEcrAL TERN-BSore Judge
RoosEyELr-DEcIsfoN
On the application for Mandamus against the
Register Of Deeds made by Mr. Townsend) 10 compea
the register search the Records in his office and Ger.
THY the title there appearing, Of Edward Whgia,
10 some lots described In Eighty fifth and Eighty sixth
St. The complaint says that the Register not only
fused 10 comply with the request but would not perm1
the said Townsend search unless he paid cents per
year The reply of the Register that the requistou
II sufficiently definite that there are 900 volumes
in his Office and TO search titles which involves not on
" convey ancer, but wills &c would require much
greater number of clerks than he Is allowed He also
claims that person searching tor himself should pay
Judge r. rendered decision al considerable length lilo
considers that all that can be required OF the Register 70
20 turn the Index and II the name OF the alleged
graEtee or there II not, that Is an answer
II il w. then to look fran the date OF his grant "a SEQ
whether he has conveyed encountered the property
and certify TO what appears II the applicant wishes
the title of Whigtas grantors, he must either direct
further search (Dder fee) make examination him.
self which he may do az right, without charge aud
amend his present requsiton 10 render specific
and comprehensive enough 10 all the points of In
curry within the range OF the Registers Office that u.
stating the of each party that Is to be included In
the searchI
In the matter of opening Thira-sv.
Argument on confirming the Report of the Comnis-
sioners adjourned to first Monday in January.
MARINE COURT-Before Judge LYNCH
Daniel b. Webster agt. VIM. b. Brisby
For asaault ond battery Mt bv assist