New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-11
COURT PROCEEDINGS.

CouRr OF COMMON Pleas Before Judge
DAILY -Isabtla Stops agt Joseph Stoo2S-Action for
divorce on the ground OF inhdelty, and counter
charge.
Loiisa Thompson agt Henry p HaH--By col
ored woman residing in Leonard-st against another
tenant In the same building, to recover damages Tor
assault and battery Defendant 10 light mulat'o
man, a barber Some difficulty occurred between
plaintiff and Mrs. Hall, and defendant was sent for.
The suit said, by counsel in opening, to have
been brought OF backed by the landlord with view
TO compel his tenants to good order. Verdict for
plaintiff IS, which carries like amount of costs.
Before Judge Woodruff
James Muiry agt. John ". Irlmbie and VIM Fowler.
For work and labor in excavating and carting of
4s7 loads Of dirt for cellar at parQuette OF BrOugh-
ans Lyceum, Nos so and SO Mercer st. Mr.. T. was
contractor for the building, for the sum of $25 900.
For defense, 1t was said that Mr.. Knight was en-
ploy ed to do the digging and that plaintiff II at all,
worked for him, except in the sum of $ll IS also
that IN digging for the cellar Of parquette he dug
down lover than he should have done, whereby he
injured the wallis, and sold the same for so cents
load, &c, which was denied The charge not
stated In pleadiDss Verdict for plaintiff $3.50, with
notice OF appeal.
Special Ierm-Before Judge Ingraham.
-Decisions.- buchanan & kelnsr ags. Auchia-
Gloss croroa Motion for injunction TO restrain
defendants from foreclosing mortgage given TO
themen printing press, bands and some other per-
sonai property by the editors of the STAR In July,
1850 as security for standing credit of two years
nor $2,oo0 for paper. subsequent mortgage was
&'eh Vh INC same property, Win knOWleuke OF ue-
lendan,s for $500 borrowed money, to Mr.. c. c.
Chids who foreclosed and sold at auction, and
plaintiffs claim to have bought. II is said that Mr.
Auchincloss, after few months, not being able TO
cany out the agreement for paper. that when note
$500 on the 2000 was psid that amount OF paper
should be- furnished to the end OF the two years got
The proprelors Of the Star to renew the notes dong
30 ON the agreement that he was 20 take new mort
gage, to date after that of Mr. Childs, but that on
getting the renewed notes he said he had left the
mortgage in his chest, and it never delivered,
out new copy fled in the Registers Office OF the
original mortgage, and now attempted TO De fore-
closed.
In opposition to the motion, il was stated by the
Sounsei oI deiense that the proceeding Is for the
pensn, OF The editors Of the Star that Mr. A. owing
TO illness IN his family has been unable TO make s-
tavits. and asking time
Injunction granted, plaintiffs giving security in
an amount sulnoient 70 cover ell damages that de-
PENDANT may sustain.
Alexander Lsmoins agt Jalian Gauton Motion for
Injunction 10 restrain defendant from using ON
patent leather, the trade mark of plaintiff and also
motions BY defendant and plaintiff for costs on the
suit tined, verdict having been rendered for plain
oh OF six cents.
The Court said i, was proper, under the Code, to
unite In one action, as has been done here a claim
fof damages and a motion for injunction. The de.
fendant is not entitled to costs Ash was shown,
On the trsl that all the parcels OF leather bought
iIsm defendant with plaintiffs trade mark On, vas
~ agents OF plaintiff except one parcel the Court
eN been IL doubt whether 30 grant costs 10 plaintiff
As ore OF the parcels was sold TO others no viewer
ee Court Will grant costs 20 plAlntin, alihouSn
coes 50 with much hesitation. Injunction granted
restraining defendant from using plalntins trade
marx. although he is at liberty 10 sell tae leather he
mas got, without appending 70 IL such trade marx
THE trade mark is oval ticket, with the fol
loving words " Rue de Ia Viella Monnaie Ii
ZONE, Conoyait a Paris."l
SUPERIOR CoURr-Before Judge Camp
Deniei Mecaulsy sgt Thomas Carniey, Sherin
.le shsrif levied upon some horses at the livery
s.ole OF Mr.. William Martin In Tsen,y- Folrth-st.
Tween Second and Third ava, on an execution 10
S"I@ o. Efsstus 8. Fray against Mr.. M. for 500
nsln Claims 10 have bought the horses OF Mr.. NJ
y ~, " nave owned them at the time February
ssss6sads 70 the Sheriff and took them into
ioa. 1AsYeA e suit 10 20 test whether si