New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-24

IL fcb case uihe Court in which the ai.achnsn,i,ue.
reeuaied 10y Fec. a. Il 5 Go. II 10 the slpre'ns
Court or IN this Court and by 5. GO, 90, if in the
Ccuit OF Cbenccry.
But in The Court for the Correction Of E-ro- whsher
lie seryices in proceedings Oirnsng at law or 10
equity upon appeal from Judgments desree o. from
final detemir atiOns N special proceedings, tie ICES 81
cOuIst the the kni OF services in all
cases the true 81 JctOs and attOnie with the
Qualification that their compensation for certain similar
services wa dferent-Sec. 4. :, 6, r. s. Ga GA
Section II Of the Code sub g. provides or an appeal
the Court of Appeal- for final order affecting sub
s,antia right made in Especial proceeding Section
3ls provides that when the decision OF inferior Court
sha be brought before the supreme Court for review
such proceedings Tor all purposes Of costs shall be deemed
al action at issue question of las, from the lime the
same shal be brought into the Supreme Court.
Here vii be seen that the Code not only provides Tor
appeals 10 the Court Of Appeals from final dete min atoms
Of The Supreme Court and other Crarts, on special pro
ceedIcs, but provides tor the costs on them when first
brought into The Supreme Count for review. :,
Sub of 307 Of the Code provides thai when allow
3D. costs shall be yiews before argument 30 for ar
eumert eco. This section embraces ell cases Of appeal
to tie Court Of Appeals, giving the same compensation
whether The appeal FROM final order on sPecai pro
coediDg. judgment in an ecton this beng 80, II
to unimportant whether the final ternnaion
Of his Court, IRON which The DEFENDANT appeaed Is pro
Ierly denominated "fnnl order or Juigmem.
Whatever its true name the appeal AZ sustained against
motion 10 dismiss IT, and Judgment Of afrm1nce with
costs Of tie appeal rendered There no la giving
any costs in the C0urt OF Appeals exce the code, and
that allows the costs in case o. in any oher-
end tie amount prescrbd by the code must ne ao"edoy
/
This Is the oly question Of any practical Importance
think the charge Of $40 for the June term Of the Appel
late Court should b. dsanowed According to the az. Ia
Wit thing il was reached wb;n the meaning OF SAB.
of 1901 The Court ordered u to be head IN day
rBmed that day was called and the defendant in
sisted on its being Il heard II The pirniinh hai not
moved a posiponemolt Il would have been then hesrd
Had it been argued no question would have been raised
whether it had been reached, and ;hnk there IAN be
none now Having been postponed az the piantf re-
quest ley are not entitled 70 the costs Of iaet term
| IS 10 dcdcuipg the cost awarded on denying motion
made b. the plaintiff t. ne. the appeal in tbs AMI the
ohor contempt the defendant ca ali the other ap
pea appeared by the same attorney the $40 granted as
costs OF pposng the motion may be deduced if the de-
duclion is accepted is o-faotion OF all costs awarded
for opposing such mot Ii tie person was not at
torney IL al the if the deduction is not accepted
ar satisfaction Il wi not be made, and the order 10 be
entered VIII by i terms be declared to be made without
prejudice to the rights liability Of either party in respect
An orerwll be er.ered conforming 10 the views here
| eXprCssed
| CONSPIRACY TO DRFPAuD-1hree men named Strauss,
of No l4s Cana.st Julius HALTER of No 3i7i Bowery,
and Philip Nusbaum the OF Sixth and First SIS
were Yesterday gted by Officers Webb and Mansfield
on a warrant issued BY Justice Osborne in which they
stand charged with conspiracy to defaud Ernest Richer
of No 81 Broad way out of brocatees and pushes to the
value of $3.50 TO- which thy effected under the following
Circumstances Strauss in September last called at the
store Of Mr. Richter and represented that he had friend
who wanted buy pushes &c. and recommended him as
being responsible He then left end soon after Julius Ka
r called in and stated that he had beenre commended by
Mr. Strauss to examine plushes &c. Some were shown
him and he proposed purchasing on credit and gave his
references Thse proved unsatisfactory and Mr. K re-
fused 70 credit him Subsequently Mr. Halter stated that
be would purchase bin Of goods give his note in part for
them ord thai should be casbed by Nusbaun at dis
count of IA per cent as Mr. Nusbaum his fnancer
Mr r then cal ed on Mr n who expressed willingness
TO cash the note these representations Mr. Richer
sold and delivered to Kaer goods 70 the above amount
End On receiving his note for them took to Mr. Nuss
baum for the cash offering take of discount Of II per
cent Mr. put him off from day 70 day and finally told
him that he would rot cash the note az Nr HALTER had neg
Iecfed to deposit certain moneys his hands as he bad
PROMISED TO 10 1t is now alleged that the goods were
taken TO Strauss store and there divided between the
1rce and tn some OF them have since been sold to Pa on
& Co Park place for less thun first cost The accused
were REQUIRED 10 find bail in $1,000 each to answer the
charge.
| DARING ASSAULT AND RoEBEEY-A l O'Clock yesterday
morning Mr. Geo Brown of No - Wllett st, was pass
ing through Grand st and when near the corner ., Nal
berry ettecked by two men, named Henry Rice aud
Patrick McMaly who knocked him down with short
club loaded at one end with lead and termed billy
and then Fed taking with them Browns hat The alarm
ess given and Officers Dunn and Thornton Of the -Four
teentI Ward pursued the villains and arrested them with
the hst in their possession They taken before jus
tee Welsh, and COMMITTED 10 await ezaminaiioa
DESCENT UPOY ASofHER LAGER BEER IoUsE-Ar-
re of sone If tie Inmates Capt Squirc Of the Eleventh
Ward Police with severe Of the Policemen Of that Dis
tc On Sunday night made descent upon the lsger beer
lop No sI3 Houston st. where large party Of Germans
were drinking singing, fddng and making themselves
very diorderly Several Of the most dsordsrly were
secured The following IS the Captains report OF the
ofIsir "a Chief Matsell
| IAcFH-BHER AGAIS-Tbe notorious beer shop kept by
Dutclman already Underan ndctmen at No el3 Hous
ton wes found TO be in full blast last neh-a baad OF
musicians uayng horrible dscOr, and drinking f1Rcug
bsooirc, &c wach could he heard for some dstince
| desceIt again made upon the concern, when up
Ws-d Of hundred and women were found there gnz
| Il ne beer and Cebbing like SO many geese Their
sfnee vacant othvous looks when the officers entered
they sat with their mugs of beer in one hand ana pipes
in the other simply lud'cor' Others scarcely con
descended 10 suspend tcr ~ until forced to- AS we
could accommodate fae y a Nsrty for want OF room
we only took those who appeared principals, such
musicians baIkeepers &c the Ian ord making good his
escape am determined t, break up these sunday night
usnce In the shape Of music ara dance houses at every
hazard Other Sunday dealers will also come in for
share Of attention shortly. Wait little Five men, Civ
iug their names US John Bustofer, John COIN, Adam
Peobst JacOb Hauser rid Hauschen were arrested by
the Police ard detained over night il the Police Station
They subsequently sent before Justice welsh to
! await Z further hearing
TUE NEW CALICO MA Line.
| Il ~ F4aor Of n. n. Y. Hl.
SIR: Out ofrespect % the Comluo do-a took the i5er
" Of christening the line C-fOrna The Wander
bill Line As he has sgnfed hs disapprobaiion OF this
uso ofhis name have adopted the name Independent
| Jcn % 1884 JANIS NJ Choss'
ERBATUM
| 10 ne Es,,sr u ,acN Ttttvs