New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-09-29
LAW .LNT,E'LLIGE ,NCE.
THE COMMANDMENT OF GREYrOWN.
SUPERIOR COURT-srrcIAL TEkn-Before the Hon. Judge


Calvin Dursnd vs. Geo HonsTrsnsfer of the suit to the
United States Circuit Court. .
SEPT. 2e-Tbe defendant, being citizen OF the
State OF Delaware, and having been sued In this Court
by the plaintiff a citizen Of this State on the 9th OF
September entered his appearance in the action with
Ne CLERK of the Court and at the same time filed with
1be Clerk petition to remove the cause to me Clr-
sat Court OF the United States for this District The
petition is presented to the Court, and such
securty Is offered as complies with the act of Con-
.Yess The defendant was arrested on the oath of
August last under order requiring him TO be held
20 bail He then executed undertaking with two
suretits, such as lie required by by the Code.
On the 2eth Of August the Sheriff returned the order
Of arrest TO the plaintiff Attorney with certificate
copy of the undertaking No notice was served on
the Sheriff by the plaintiffs Attorney within ten days
thereafter that he did lot accept OF the bail
BoswoRTH Justice.-Full compliance with the act
Of Congress gives the defendant an absolute right to
have this sciion removed 10, and tried 10 the Circuit
Court of the United States The plaintiff counsel III
sists that the defendant has not complied with IT, but
on the contrary by executing an undertaking on his
arrest with sureties who were not exceptedto, within
She time allowed by 1913 Of the code, which time
expired before the petition was filed has Lost the right
A remoye the action. lie relies ON Redmond VS.. Rus
sell ~, 1. r. l53. 1t was held in that case, that
defendant who puts in special bail must at the time
Of filing bail also file his petition 20 remove the cause
and that one subsequently filed would he too late.
This was so held on the ground that fling special
bail was entering appearance according TO the
practice OF the Court. That such being the effect oil
fhe act putting in bail, the defendant consequently
then and by that act entered his appearance within the
meaning OF those words a. used in the act OF Con-
xress and Of course bound to then file his petition
as the two acts required to be simultaneous. IL
viii be borne in mind that filing special bail with the
Clerk Of the Court was in legal effect act in Court,
by which the defendant conceded that the Court had
full jurisdiction over him. No appearance was form
ally actually entered in this until the ling of
the petition both of which done the 9th of Sept
The execution of the undertaking requisite TO procure
WI OF A N d
ant done either In theory or in fact in Court. Ii is
obvious that giving such an undertaking was not
itseIf entering an appearance any more than giving
The bond formerly taken by sheriff the arrest of
defendant in bailabe action, conditioned that the de-
PENDANT would appear and put in bail entering
appearance. X. 5. Sac, ga. Ii clearly could not
be required Of defendant 10 file petition simulta
Reousy with executing such an undertaking; that
voud be imprscticable If the giving of that under
taking not entering an appearance, then none
entered until the 9th of September For between
these periods the defendant took steps in the
zion, although the time for excepting to the bail had
elapsed before the petition was fled YET far
the papers before state, nothing then appeared
record, on the files of the Clerk of the Court to
show that bail had been put in. In Suydam Smith,
DEMO eos the Court remarked that the terms ZEN
sterng appearance, used in the act of Congress
not appropriate words TO indicate the putting in of
bail. They simply mean that the defendant shall by
entering his appearance concede that the State Court
has full jurisdiction over him. In this action the de-
sendant had done no act in court did any paper
signed by him or any attorney retained by him. APP
apper on the files of the court which the Code the
rules made under it, declare to be equivalent TO an
appearance, or an actual appearance. A partys ap-
pearing by the ming OF special common bail has
NO application to proceedings under the Code / am
Of the opinion that the defendant had entered his
appearance within the meaning Of those words AZ
used in the act Of Congress until it was actually en-
tered ON the 9Th Of September The prayer of the pe
Elton is therefore granted.
ATTACHMENT AGAINST SEw.RAyEN RAILROAD CO.
q at Have Railro
MOTION Tor attachment against the property Of the
Company on claim for about $500 funds alleged have
.hSh the Company refuses pay The Judge 6 refused
es but subsequently on motion Tecondered the
SUR roR PENALTY AGAINST A GERMAN rHx,rR,c.1
COMPANY.
The People of the State of New.York against Otto
Hoym the manager, believe of German Theatrical Com
Ss,iomsnee. without esSse The suit !. bros on SsS
believe House Of Refuge which proceeds Of
sch licenses enuresL He was held to bail
U. s. DISTRICT CoURT-Before Jadge Btrrs
The Grand Jury returned the following indictments
Capt L. c. Sierra smuggling on board hrig lppog nrPo
Semiaa Hebath aud zsehsrAh Funtner, smuggling dis-
W.Iren idkns oOuntersus Spanish coin; also, another
William W BOutSn, Wallace LsmeAr and James MeNplty,
John BsIssra, assault with dsnserOu. weapon board
Mohle, SsSrdes Otssructns an officer of the Customs,
James MepopSd George Pnce Joseph CLARK James Smith
and George smith eudssv0r 10 make revolt
SUPREME coURr-Gssr,. Term
Amelia willis exeoutrix and ohe Art the NsrnhAnts Nh.
tnsl Insurance Co. OF Buffalo
New trial granted.
ADJOURNMENT.
The Court adjourned for the term Tia Calendar
Of this Be continued the November term .n5 vii
- sahsn from No os the last In the day endar
FIRST DISTRICT coURT-Bsfore Judge Garss
BUSIsHhEST OF PERSONS FOR EScUNBERIsG PUBLIC
STREETS, &C.
Mayer, Sc, OF New. YoFt sgt Wellington A. Carter
There three suits tried in this Court, and jude.
rendered against the defendant for $50 and v
lsns the Corporation Ordinances IN neumberns the in