New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-08

Supreme Court and at certain psriod also, sin the
Court OF Appesls orn Judge has no risns TO SIT
as Judge Of the Supreme Court the matter should
be tested by rrt OF qHs rarrznfs, AID net In teis
noce
| Mr. Jordan, on the part of plsiaif, replied He
alluded 10 one Judge in spec al Tern setsiog as de
judemen; ofsnotaer Judge in Soecia Term. and that
they night go IL It could be done, al isfaifum
| playing the game OF rice ard tie.
As 20 the regulations OF tue original Judgment oy
Judge there lot word in the Code statutes
Mr.. J. conierced that sustained the position that
II Is necessary for judgment TO be in the hsndw1t-
ing OF the Judge, or even signed by himal that Is
necessary Is to know what the judgment Is, make
minute OF 1t, and give II to the Clerk TO enter IN
book which was aone 10 this case AS TO appeal, the
old mode required what the Counsel contends for,
but not the rev, which explicitly points out The
mose of appeal.
One Judge at Special Term has no night Mr. J. said,
to vacate the Judgment OF another Judge at specal
Term, unless where there is error of fact in an
order mare without notice in rel ltsn TO the case OF
infant children, &c. and where subordinate cfficer
coFrectA an error.
In this case he insisted that everything had been
done regular by Judge r. and the judgment could
not be set aside except BY Court having appellate
jurisdiction.
MI ]. conterded that Judge Eimonds has no au.
thority to sit as Judge of the Supreme Court, tue
Code having precluded hin by saying that the Judges
Of the Supreme Court should not hold two Offices
Mr.. White replied. Decision reserved.
II. s. DIsrRIcr Capitalization.
Edn,onds and others against Thirty fire bores Of gold
dust An the claimants are to join In ons defense
McMurTay against bark ciorence.-The Court cam
not order payment Of hbellans demand out OF the
funds in Court
There were three or four other decisions, but not
of particular interest
SUPREME COURT-Specidt Term-Before
Judge Edmonds The People rel. Jas p. Barnett
sst fls Trustees ofths college of Physicians and Sur;
geons.-- Mandamus.-To show cause why plaintiff
was excluded from his position as student in the
College, after he had attended the lectures and paid
his fees and also refusing him the degree OF Doctor
Of Medicine The argument of this case already re-
ferTec to, was concluded.
U. S. DISTRICT ATTORNEYS OFFICE
Complaint as to alleged excess of passengers
was given by several parties interested that more
passengers had been allowed to take passage In the
clipper ship Greclan, for California, than was al
lowed, according to her mes surement, BY law which
permitted 375 to be taken, but many more than thar
were on board. The Marshal, with Deputy Marshal
Rakelewi,x, and one or two other officers, went on
board. They found the crew list very large Is to
stewards, DC, but only the regular number OF per-
sons entered as passengers Among the passengers
were number Of women and children.
SUPERIOR CoURT-Before Judge Bos.
worth.-Wiiiiam H. Sumonston sgt John Brougham,
ages from injury by a wall in Mercer.st. being
knocked down, already referred to- Verdict for
plaintiff for $500 against Messrs. T. and G., and ac-
QUITTING MIR. BfOugnam.
Before Judge Oakley.
Thomas Hope ast. VIM c. Marshall, John Nelson
and James lrping.-Paintif 10 proprietor OF Hopes
to his house on the 10Th Of June last asked he was
Mr.. Hope then assaulted and knocked MIN down,
and afterward struck him with decanter, knocking
some of his teeth out and cutting his face and eay.
ing him senseless. Action is brought for assault
and battery-damages laid at 81, 900 also that the
others abetted, &c.
The defense is, that Mr.. Hope, on the day previ.
"A nd cd IN taka mi Thar
ties with the wife of plaintiff and another lady with
her. this was denied,I while at the hotel that, in
going to Mr.. HIS, he gave him notice to defend him
self and he did and he denies that tho other two
in any way participated. Verdict for plaintiff $l4o
against MIR. Marshall, and acquitting Messrs. N.
and ].
William II d. Nimr,o against Thomas Croren and
Susan his wife-To recover damages for alleged
false imprisonment. &C. The case, or similar one,
was tiled before. Plaintiff boarded a! the house OF
Mr.. and Mrs. C., No. 500 Broadway; they, made,
with others that came to see them, considerable
noise, &c, and a policeman was called In and they
were taken to the Station. House. The case is on
General Ttrm-D e C ions.-Peth-
srew 4 Sherman agt. OKeefs Duryed The plain
1851 to purchase their stage line at valuation, to
be fixed by arbi,Tators. They charge tina! the de.
PENDANTS have violated their agreement, and ask the
Temporary injunction was aiio by Judge Oakley
in Oct last and motion was mace 10 continue THIS
injunction before Judge Duer. In consequence OF
directed the cause heard at the General Term,
and 1t was accordingly so Argued. -.
judge Sanford delivered the opinion OF the Court.
He stated that the agreement In question grew CUT
OF the relations of the plaintiffs and the defendants,
as grantees, from the Common Council, OF the
Eigh,h.av. Rail- Co that the grant oil that koad
had been made TO p & s., the original proposers oil
the measure and to eight other parties whose inter.
o.hers and intention evidently was to defeat
the grant that p & s. had manifes,y pr decided In
good faith to endeavor to carry out the intention OF
the grant and in order to secure the interest and
votes Of OK. & d. in behalf OF the construction OF
the road, had agreed to purchate their stage line
and railroad interest, OK. q ID. stating that their
only object in going into the railroad was to secure
the sale OF their stage line.
The Court stated that they had looked into the
case with a strong bias in faver OF r s., astney
had evidently been DESTROYS Of building the road,
and had been opposed throughout by parties VINO
were DESTROYS of defeating that object but tnat the
present action, which to obtain decree for the
specific performance of the agreement for the sale oil
the stage line and railroad interest," and also 70 vote
with & s could not be maintained IN accordance
with the principles which govern the Courts OF
EQUITY in decreeing the specific performance OF
contracts of this nature The injunction granted by
Judge Oakley was accordingly dissolved.
VIM. Vernon, impleadsd &C.. ads Lem III. Gale
Order at Special Term affirmed.
John C. Burdens agst Denys Casey-Same.
HUI agst. Gotten Same.
Hols,naa agst Abrams.-Demurrer amended 50 AZ
to spply to first part Of answer and not last.
Fitch agst. Livingston appeal dismissed
Court OF COMMON PLEAs-The argument
as to the Trinity Church will be heard be-