New-York daily tribune., 1856-03-12
SUPREME COURT-sPEcIaL TERa-MARcr il-Befsrs
Justice CLERKE.
DECISIONS AND OPINIONS.



Krk Capter Of tie Guard Of Liberty &c, agt Young.
Tie language Of section ll9 OF the Code is too une-
quyoca and admit Of any DOUBT that the Lesssure
i rrseticsbe to bnr them ali before the Court
may defend Tor tho benefit oi tho whole wh7her
.onp,I Tbo dis.ne sons as two separate systems pro-
sboshed by the Code and az the provisions OF the
Code applicable every scon, toii0st Terenes 10 "e
But this is net case in which Is ppyaehea1 TO bring all
the plaintiffs before Court their Der thirty i've, and
although not 70 make so-what neon
venent 70 the peader their certainly not
in practicable 70 Go and without very OBVIOUS Iecoss
tie Court should always require that oil the persons Interested
in the action should sppesr by Their individual and real nsnss
Jusren for the defendant the demurrer unless te
tiff shs within twenty days sHd pay the costs Of t'
pUREss-PEAR or IaPRIsosxgsr.
GilInour eg,- Gilman, Sc -.
Although the fear Of imprisonment may constitute
css Of dures per tnaI contrary indeed to what may be a.
yrite az all the threat must De Immediate
49,, & ,bs eoptrsc ia erecutsd =. in Farley as Ferguson
Is Ill., l where the defendant arrested hS psnu1 un1er
etsnass - me- ~. hs s H II , pssn c The aata
that under fear Of imprisonment and 20 De ifeea from
further prosecuons he executed this deed WHICH appears 70
haye been done as provision for his wfs and children The
fear BE- warranted by something more than sene
vague and ndefte sppreh nOn which be the result os
excitement and unwaTrslted suspicion -
Judgment defendant the demurrer unless painiiH
Reynolds sgt. The Hamilton Building Association
The withdrawal of shares pursuant TO article "a OF
the sas Of association under which defendants Organized
y moi violation Of the provision the Of 1851 prohibiting
division OF principal and profits until the termination 0t inc
IssUFYIcIEsT PLEADIsG.
Losan ast De COsta, &c
II the debt Of the London De Costas ls nceous
III should be expressly alleged and, II proved oT W
uboe as.iguuen would declared yoidi o'ns uas $40
y,d m everheless If the plaintiff and the otnsr cfedtoh
On Hhose behalf be Sues entitled 70 c4Im eAat 9 ~
ads hod preferrod and those oi the LONDON Oe co
"A unt Their other creditors should % iy seisn5a
- - re nsgnad propery the action should be expressly ior
that purposethe eoHpas distinctly and positively ssfns
lie et that the Hdsnts promised and agreed me o
of their advances their cla should De suDordhAs
tbs N an ohe eredt0r Tie state ents in the compliant are
entirely il sufficient 70 sustain any such priority. x
for defendants demurrer unless palntin amend
his tIant within twenty days and Psy ess Of term
AIsJoISDER,
The siIpenny Savings Bank, ke .st b car e. u
Although the language employed in the cerIinca1es
If he rortssse 10 the plaintiffs obnoxious 10 etlcisn yet
tiut Sufficient in connection with Whs tolON: 70 snow
thu the whole first place assigned 70 he psnns 70
secure debt and that the sunseqnet 70 tne
teore was to after the psnarS claims were nfss
sstfa TIE ssssrne the fisIilh entries thsin In eI-
re t,rus 10 the uOneJs rret u the norSase trr 70
e r.i,sa a. .hoaIs - pay and ssiay tbei-
claim e r>drs sz payment 10 The people This tess
not coerste Jnt twners OF toe mortgage
h Re pI.nex bat sab~squsnt and subordinate sssfBseA
The, vere rot therefore, be entitled 10 be eoplsntfs as
sctj0r ard they their appropriate place dsssfana
Demurrer oyerrued With with liberty astsesss
Miller as< Esr;e. &c.
Though without doubt, the ststeDs1t sccfcPssy-
Ing the eonfe Of judgment OF Heth 10 tho dcfedsn -
pcient and rrtzIAx and would bo set Asie WIN ~
hery 10 sneos, - Ae eiIsansA.cs d sas esss ""i w"