New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-25
LAW INTELLIGENCE


Tbs j. motion to dissolve The injunction granted
aeairs; the lef-ndan other tn. the Mayor Aldermen
and Cmmopay, restrain tn ron proceeding to sy
or establish Railroad in Broadway, for such other or
further order relief may be iu,i TIE motion y toind'
81 op az affidavit Of H. defendant JACOB Sharp the Pre
dent Of the Broad way Railway Association consisting OF
tie d.f.r daus other than tho Mayor &c, which states
that nc junction granted on in- lJh OF April ts'
amt that the only sec MY given aired grant.
ing the sane undertaking by Alien. ni-r T. se rsrt
in the sum of $3.50 that is.us has en- ioed and the
cause brought 10 trial on the merits and heard o51re
ucge Dur the special Term 10 June last brt that he
has rot given biz decision rendered Jung neat there
in that be ar Ciiou las been and - j, the ctue Of
gre.i my and dama 10 the defend n's Who make tds
molou srd hat ~ his opinion slch damage amounts TO
a. least se,Cl0 aIaon'h
On the argln-n it Was stat d t'sf although the no.
ton osiersly for the dis luton ~ th@ III lleton,
the rel beet Of he app ,i"n % oh.l security
in a aig,r su0stt than as required aod given By hs
NJ dsitakg when The Injunction granted aud that
aucuI il Wss c.nt-rdd should OF he is than 300 D0D
have 10 douot ths, ihe proper de of o-tTnng in
Cta'ed socuy in "a cas-" Is by motion - dissolve
the \ Cnetou. or to- cher relief an on - INIT con
cur .. tirey 9Th Judge Paine, before who
msde in ihis case in July st ~ ch den-d by hin,
becau that motto - Dissolve N nj InclD bat
merely 10 compel The plaintiff 10 give the ncressi
iiy Ihf teieucauts however would en- 70 eat ri .n
different ves ttey h-ve Ape .led from - "a PA
ceoion ana such appeal is padding
II appears, however on their own sl'ging, thIt1i'
hss b. brought to h-sr ne and tired on ' n-rs
before the Judges of this urt sitting IN s tciai
term, ami such Judge has nos IN III, chrk Tor tae pur
pose OF deciding all the questions embraced IN 1t.
TIE merits If the acton necessarily inv lv-d not only
III que ston Of dissovDg retaining the Injunction but
the propriey, in should b. retained, OF uiri
additional or lroa'er security from t'e 'liinrh, II tu-
relief therefore az could be ask q 0r aAte5. 10,
preseui motion las been .lrc ,ds soush r n de ID i-r
snd lies within lis JUDICIAL authority and th- qlt'
ton is thus broadly pres~urd Th-hs can el'-rt III his
uoluu uilsuf l.'ion Mt onl, of tl- courtesy due
under .r,h circumstances from cne Jgdse - another DIT
Cf r \ DWn ffiic' judicial duty.
To ohSitc his oeul'y = sta,d by the lunse FOR
tie defendants. that WHEN notice of this motion given,
more than trer'y Gays had elapsed since the Court q
wliCl tie tIial before Judge pler pace az -e-r
eice ade 10 sc Of The Code wIch provid4'lt
upon trial of qpsf'a - ic by The Curt ~ d-os IN
shall lie tiV,n 10 VI ins and NIL WIN NE '-rs Una
iwei DAYS after the Count ~ which the ri * pace
Iptufl, l. commended hst nt.uu IN ~ JUG Dl-r
hsc not Ct Cidtd this Cause and hi'd h.' d+s'n 10 ~f
irg viii the c-ik rthin such T-ntv dtys ant b c'rf
now make L. decision and The trial before him had become
arulry.
Islsil not stop to consider th- iy II ri. pr
vision n thu Code, OF ihr 80 we ncui'u frsTl from
IT, such sc tue preseu'. involving not only M
ntrovs ard chcult matters # fact bu grave aud nfr
qu.s ioi ~ law and eqny II - suggestion ws
:. roi,'y PIT forth hat the ~ briTe Judge Der has
far rough hecaU hi decision las not e' been rem
dIec it = sufficient answer 10 tia, the ~ 1re- Court
lave e1v, SLY held that provision in The code % be merely
df,cory ~ juis- dd not So bis an lor y - or
even MAI. iis G-Csou by delay Oey md the ~-rY days
$40 q ~ II pou1 iutolerable II d 20 be
tired because be Judg- p-rh,ps from knes n pressure
Of busir Other cau't had hed lis decision sthin
the prescribed time. PrOpls fei Calhoun agt D)f<e
Pr Ken l. but have considered Il nv Cuy H. Justice
10 Judge Duer INF ysf e the facts IL relation 20
that tfa have ssc-r aimed thai u was com nenri on
The l1h terminated IN Court on the .sth OF JGn-
;l-t ii. NV ire Witnesses examined AMI that ne les
ruCry taken uftsd 70 upwl I'd Of t fo.Js thai BY
are, bit the counsel tte evidence ttkrn
down bv reporters in short hand Ordsr h Tbs Court
and soud be saved from The delay AMI trolcls OF
taking no tia, se the conclusion the tnAl in Court
the .ydeI sss kept oP.n to enable the dsn An' eX
snine the late Chef Justice Jones ~ witness, (Which
vss aiterward wsiveG BY their counse and tA 80 test
nouy tab en- the trial written ont the notes NJ
the reporters not received or oeN cred TO Judss
until the 10Th of July
In pom, OF fact theref re- the duty Of tx aiming
STEERING the cause the purpose Of deciding H. DID a)
r.st upon Iucge Duer until that day and twenty days
be the ms1aRm Of time which 4oge should be Slo F-d
10 examine thoroughly and uuderstsndngy cAuse eyea
SO intricate voumnous aud important - s that P-rii
from the tine be pat in possession OF H. hsd MT y
expired when the present motion Wa eel on ir1t fT
sppesrs b, The scSvs ANNEXED O. the papers that notice
Of this motion was served the 4ih OF gust inst IL
should also be stated that within three ys alter thu case
WAS thus committed 10 him, Judge Duer dlreied Re
argument CERTAIN points s-n'-d by u ihAi he hti
perfect night Dc ;hs cannot be guest ned and that he
did with view TO NOR satisfactory ana coascen is
discharge his duty acqu snisd With tn sc-upu
lous o.hy with which ne performs h adj al l.oors IA
fOT mCment doubt That ent ha- not yet .ken
race Such being the present condition OF the cause an
clearly o opinion Inst it would b. improper exer ise Of
anhcyi-v on nv part 70 make any order within scope
Of this sptcahon IL Is 1T prstente1 that coad nude,
exiting Circumstance. Cssolsc ~ nllucuon, AM u
shouc upon n motion made ~ Numbers, ai-TtiSe -
compel tire plaintiffs Concir'n "a r-fln!1g y 70
giveihs increased security nov den1nded' Jalse D1-f
might Immediately sf,rsard r@ner such or1e. n1gt
or, by bis pa-auc 1T deere TAT ~ i tlcnn s1'lo
be perp, tu Which would of cou-s- es Tihoa, security
HIS I'D sst ut Asvs been oTn-d "a Al the facts snd
Circumstances II ,h- developed by the testimony AMI
Illustrated 5y the 40 -n- Ct counsel niue could only
rest the opinion e Isorp, az rssd Psr'y and AZ
opjr ion not merely Otherwise unsupported bet decidedly
coprsoictd BY the eyi-rce Of prominent witness pro
duc BY these very defendants ne triJ and being tie
only portion Of the ietn then taken which hss been
submitted 10 Or 'hs motion
Ihsve not deemed necessary to consider what weight
should be given the other objections made by hs
sha nxinfs the ADplrltl
cause the ground upon which place this decision ef IL
self entirely satisfactory to my mind and presented BY
/ the defendants themselves.
DENY the motion therefore being in ths pr sssa po
tou Of the premature and unnecessary bu, whoa
costs and without prejudice to these defend ants TO
any similar future application under different
SUPREME c0URT-BefOre Judge EDxoS0s
EXIkADIIIOS CASE.
In the matter Of William Calder. claimed by ID British
(ioywrusus under the Ashbuytos Treaty - fugitiv