New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-01

scs. given snJ alleged 10 defense that defendant ks
rert h.d uoibns do with th. difficulty The eompsat We
,hdr, WI as to him ane udgner, given for plsnia asia
Ptah for 80.
COURT OF COMMON PLEAS GENERA rERM-Ssrr. a.
Before JUDGES bGRAa.s Dali and woooSV"'
DgCISIONS--nOSrLY on ArPEAL>.
.Jy9c,pent affirmed. rt=. Avogario and wife agt.
Oe Boil: William Smith and james Hornoy ga, th.hes
MorssB, Berry Eneensr AT; F!eemsn bi.ool Henri o"-
ham cat Frspss Pr.ui John Kip sat Patrick K,,s'n
Judgment rerersed, viz: Wiism Churchll, &C..
s lane. Phssn art samuel and solomon Densos; Jsns
NJ Knights .r6 Moe. Powell ss Leopold Lang A'chiS.s
B s'9G john SSl m ASs jl ' .st william J. Ely
Jobn NumIkns sgt. William Mchels Judgment
.uspepHed-pew trial ordered - =.
CLARK Williams art. Amelia willis-'rhere is moth
ina The Jndse aid 70 The p'ps'1 20 .ao" Tor "n''
POINTS 70 Tar ABOVE.
The following abstracts OF opinions were prepared
y JURISDICTION oF MAFiSE COURT.
Churcb'i AIT. Marsh.
WOODRUFF, Juogo-Tbe acts OF 1852 and 1898, en-
tending the jurisdiction Of The Marine Court 80 10 permits
coyrry 70 the of $50; also extended ths power%
h.t Court 10 i.sne an attachment sss'1 tne p'ops s
ncnrtsdent when the amount claimed does not
-, -, oe 81. N,,i,.
c n.t no under the seal Of the Court and II
sed and do not appear in the action
10 yrtu of The the iouaded heteen
and no, rc5,Ogy siSaSs any m% reserved
wORKMAN CoSTISUING AFTER DISSOLUTION of PART
NERsHIP.
Friedman agt. Hi.cox.
DAY IA workman employed during the exist
ence OF psruerhp who continues work at the sans sm
.aey for he work done aer the solution unless appear
faat he knew Of the fact Of she dissolution
GOODS DELIVERED AFTER HEffRtN'h ~ !"
STANDING.
Crane sgt Bray
EcR,H,a, First Judge.-When a party ordered
.terw,fd sent an order aud received for
that the vnder could not delVet wlnJu. s
satisfied that he would send the lumber ana me ss
was vercd the day; held that the sale and delivery
were compste and tho purchaser could not ae delivery"
'1-' Iy0rE NDoR,ED BY TREASURER.
knight sgt LsDg .
IvGR,HAM, F.J.-Where noe IA made payable ID
corporation and ndored by who ad'' % hs n.ss
Tsssurer oao proof that he J.. such shcer not sun
Gent gldeBce OF his authority to rsnsfer such note
IRREGULARITT As 10 sUMNoHs-wiTsys'is.
smith eat. Morgan.
WooDRUFT J.--Irrcgularities in tho issuing or ser.
yce OF Il waived by ansSehns and going to S
in one NJ the District Court. has no power after
tia las been commenced and itnon tbs plaintiffs tonsest
order sdoqrBmen u enube tbs defendant TO t'd VT
discover Even he uscs b,d such pose no ought not 70
nt seh -.nou some 9Stsnee o. aS Zoe -
tendance BE- procured sithin reasonable time.
TAkERs AND INDoBsERs AS WITNESSES.
Finn ast. GustiD.
ISGRAHAM, +. J.-When two joint makers OF note
maker. good witnesses for The ndosse and ne i1doss
for uissers their evidence IL not available for zach
othsr, when Joint liable.
LEyYISG on PROPERTY.
Rsddy agt Whitney.
DAY., J.--Where q levy was made upon properly
to satisfy the debt ard the officer rem ,Ded In poses
DAY half and then ,bsndoned the levy e,e.ss
the plaintiff indemnify hm held To be saf.e-
4 tho debt, and could not operate 10 di'cb1se ths
SUIT BY PYRFoRAER AGAiSs OLE BULL.
Ayvossrdo and Nife AT Ole Bull
IyGRAHAN. +. J.-Ihe Judgment Is clearly err0ne-
our The scion by Aogardo and Wife and the psinao"
claim ,d to recover l5 the wife aud 81, for
The services of the husband. -
Whsher necessary 10 Hnits the psinaH. Wits
with him for services Of the wife daros
nGt neees.uy nov 70 inquire The plaintiff n.s
husband and ~e agrr' have no nsht 70 Iee9ss f Sss
claims and bink they erred IN so DOING bit a. the pos We.
taken below and the ob9n night TO have been ob'.A
there. bysmeG6ment II Is unavailable on appeal 49,,
Wo0DRUFF, J.-Althougb the husbsad Is eotiaed
the services Of the we and therefore must 10 sss
erd alone fO work and labJr performed by her. ss
the contract for her services made win bs sea
dsfeI daHPs ensseIrent express TO pay her shefsisf
optional with the husband 10 sue 10 bii own nsme
her the tction. aud recover upon The Agreement H "
g. eosenr With the at judge that the plaintiff
liberty oln such action sra for hs o~o .sfvce - 70
s% there T ?" yesd a & l 10 .ash W..
tsses st the ua II tbs defendant Wished 70 rely
on tbe Of he other defense he should
bsv. s,,u up the ooijoinder m has plssdins.
DALT j. It did not appear that any
oas shp had been by defendant with any 0hss
oerns; he directed M1sizek 70 the artists for De
Bull Co bsezk sBd Sssoeh, were 70 be o tbs cDnpssy.
90 scasy Ss .. w.s asd ), 5s dssnd.a 10 S
the psnnh w entitled % seeoy, Tor the s's-
viz Of bis vie. The Judgment should be eff med.
Ihe judgment IN favor u Plaintiff. aressy stated vss
All. ned with costs
UNITED STATES CIRCUIT COURT-sEpr. D-Bessss
Judge NELsOs.
DECIsIOS Of APPEAL.
Pas ADD others sad Dsrs Carleton and othsss.
AT. steamship Roanoke.
10 recover dsmages for value Of schooner Sprghey
SEA- sfuck the Elizabeth River Virginia Dsxss
10 favor q litelant affirmed
FIRST DISTRICT COURT-5EPT 3-Before yuige UkESs.
DAMAGE BY ELECTIONS.
John Green sssEpee &C., agt. The Mayor &c. Of New Yofs
The plaintiff claims that William Fury hired certsn
premier No s Th. Ia the years 1851 1852 sn5 1855 ~
deen6sue TOR The purpose u holding the election. sns
While their ppssesD. they injured BY moss 20 the
4 the cs for damages therefor bsd s7ss
assigned hiD; ami he therefore brir this aetioa
The counsel the tina Oh@red 70 prove tbs sbsvs
and that they had paid the Of sdd premises snd haA
through their Fury who hired the premises promised "
| psy ssch damages.
Sr Lawrence the counsel r The defendants, objected -
proof the following gOuncs f thst an sioe fov
dan ages cot sdns ofc0naet, assnssi sccSnd
agent for coIposOn csnuo, BY sdnssSo hind tbs
principal
The Jadse sustained the objections and dsssd the
plant
COURT CALESDAR-TBs DAY
l INFERIOR CoURT-(TwO branches before Jufge>