The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-02

marc 81 tne Opcrauc war;
SUPERIOR COURT, GENERAL TIRM-ATTACHMUtT
AGAINST OLE BULL DIsCHARGED FINALLY.
MARCH 31.-Mdz karetsek and Botucca Mnre,ek his
Wife, agaaa Ole BuH.-Chisf Justice Oakley gave this
morning the decision OF the full bench He stated that
in the drst instance application was made 10 him to
grant an attachment in q suit brought by Madame Ma
ree< separately without joining her husband that he
refused to grant the application the ground that
action could not be sustained by the wife alone. After
wards the husband WAS Joined with the wife as CO.
plaintiff, and an application made to Judge Slosson
upon the same affidavit which had been previously
presented, and an attachment granted Appli-
cation waa then made by Mr. Buckley, ON behalf Of
Oie Bull ut the special term, to set 1t aside upon
the original papers, and also upon afddavss Numerous
counsel and the motion argued at special term,
where the Judge, hearing the argument concluded
that an order must be entered dchargng the attach
ment which accordingly done. From this order
appeal taken 10 the general term, and the matter
was argued before us a. some iens.n oy oo.n COUNSEL
TO the conclusion that upon the original
aavis presented the attachment must be discharged
The Court agreed perfectly in the views presented by Mr.
Buckley upon the argument, that under the statute
party must make out good Of action; In other
words that the grounds Of the claim be
forth, and they must legal grounds The original
affidavit sets forth the contract and alleges that there
due upon that $780, and then states
Bull violated the contract shut Opera House.
IL very clear that upon the contract action can be
mai.tsiSed Upon the argument Mr.. Sanford con.
been performed, and that plaintiff could sue for what
they were really worth. The only allegation 10 the aft
davtt which relates to that Is that sole Bhl had not
paid her for her services" and the counsel seemed
think this distinct legation OF services rendered We
DO not so view it. In considerng the matter, hold
that in these summary proceedings here IL Is sought
to attach persons property, arrest his person.
there must be strict compliance with the statute Ia
this cause of action is alleged except what
plaintiff entitled to uncer contract and as that is
void for this alone, II there other grounds
the attachment must be discharged The Court reviewed
nf faa aka nv Mr. RuIko
argument on the appeal to show that they contained
good reasons why the order at Special Term should be
affirmed
The Clerk then entered he following order
IAN appeal hsviug been taken BY Max Msretzek and
the attachment against thu respondent and after hear
ing Messrs Sanford and Bdogs on behau of the ap-
Peiants and Mr. Buckley, counsel for the respon
Term dscharg:og the attachment herein be, aud the
same ia hereby affirmed, with costs Of appeal against
the sppelantsn
FOURTH DISTRICT COURT.
Before Justice Van Colt.
MARCH 81 Francis Petrarcht against Ois Bull The
court full this morning of the attaches Of the
Italian Opera, including Max Maretzek Watson, &c in
expectation that the trial Of this WAS to come OIL
and all seemed much disappointed at the final result
1t seems that the plaintiff had obtained an sgnmsn
to himself of ten or twelve persons who
with the 'ate opera, and had issued short summons
sssnst Ole Bull, which not personally served, but
left at dis hotel The simmons re.urnabe yester
day. and Mr. Bulkeley Ole Bulls counsel being gagged
another court concluded appear as no judy
copy summons however, had been left on his table
and very young lad in Mr. Bulkeley's Office seeing H.
thought tsat he would try his hand n court and went
up, catered appearance joined issue and consented
TO let the cause be adjourned to this morning.
Wien every thing was ia readiness proceed to trial
Mr. Bukeley entered the court and stated to the Jucge
that he objected to all tbs proceedings the case that
appearance had been by him in the case ana
the only one authorized to appear in any court
uraia an wit aH
davit OF tie manner in which the lad had appeared
there 90 the morning previous that II he hal sent the
abide by the consequences but he had no idea that
he was gong there, and as the plaintiff had ft
that Ole Bull was nor sident and had caused an id
1oornment OF only one day instead of six Che usual
time Re should insist upon his legal rshts. He then
that he would waive all objection ms II they would con-
sent to adjourn the trial to such day he, Mr. Buke
ley, was not engaged in another Court This thsy re-
fused, aud insisted upon trying il at once
The Judge decided to override the EXCEPTIONS taken by
MT Bukeey and to note his objection and allow the
Mr. BulIeley-very well; don't appear in the case;
but viii sit moment and listen to the sloquence Of
Mr. Billings then proceeded open the case as follows
nj It please the Court, tins is an action brought by
PetIarchi, as assignee, &c.
Judgs-Tne summons does not claim as /" assignee
Mr. Biliinss-We moved to amend he summons.
Jucge.-The Court has no power.
NM. B,liinss-Mr Bulkeley, IL you will consent to ad.
tourn this case to next Thursday and give security
will let 1t stsnd over
Mr.. Bulkeley-I viii do nothing Of the kind made
you fair offer and you refused now 20 on with tae
trial; have got my exception entered by the judge
and AJAX no favors from any body.
Mr.. BlliDgs-Wil not the Court IL we consent to ad
Journ, compel Mr.. Bulb eley to furnish security
Judge-Mr Bulkeley refuses to give security aud you
would not adjourn he requestedyou to and no he
does not ask adjournment, but prefers rely upoo
appeal hi, exception
Mr. BulkelsyAs see the gentlemen on the other side
are In quaDdary, will consent 70 adjournment
as before proposed.
Mr. Boole-Do you waive all objections to the regular
ity Of our proeeedlpgst
Mr.. Bulkelsy-I will permit you to amend your sum
mons by inserting the word "assignee;" will enter
appearance and waive all objections except one and
that ", your proceeding against Ole Bull non
resident.
After consulting together and comforting with N.
Maretzek, the PLAINTIFFS counsel decided to discontinue
their suit altogether.
Superior Court.