New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-26
COURT OF COMMON PLEAS-SPEcIAL TEHM-Befors
Judge hGRAHAm.
NEUTRALITY-SUSPICIOUS..
Nil die ton and Wife ast, stevens and others.

PRACTICE-DECIsIoNs.
Mid deton and Wife agt stevens and Others
Under the decisions in RObefts agt. Randall 70 Pr.
Rep Sz7l ard Mulvey se Dawson 10 Pr H. ND think this
this Court SPECIAL Term and for u9
oImiy In the practice should be conormed to by us Ia
oon raIteo to order to hold to bail on Sefsndan
s ustDs to bring action Costs Of defendants to
sbioe event.
IYGRAHAM, +. J.-The appellant served mott 'e OF
Judgment in the District Court but omitted TO
state the soand Of apPes IN bis notice Of aseo
snerd is svep.
and tie party tbrough mistake othe. act
say encment be permitted am satisfied tbs. the
cured through why the amend
should be SLOWED In the People vs. Edhdse Pr
feetve in form could what BY amend
O,.s, Of an apIs served but defective ia form
tsiIak such leave should be grated In this case
Mortz sgt PEBBLES
INGRAMAM, f. il feel controlled by the decision
of the General Tenn IL this although individually am
still of the opinion tho defendant bound TO u
,Sst III iis d.asn hs, das the time sIsd in the az
nept by en,ssins in the r.Iing business the 4a
TO the and shsre In the profits On the ad
ing Of the referee must order judgment or the io
The usntia j. not entitled to interest from the which
that struck He he'd right TO call e defendant 10
end accOunt be would then be entitled 10 eter
est In the present the interest should be calculated from
the Ct tbs action account having been pre-
viously rel oered.
Before ISGRAHAM, J.
Isaac p Martin sgt. George Keys-Order OF refer
eDoe William Kent 49,.
Pauline Hearing agt. David Heariog-order APP
pointing mex 'riehd 70 paih1,n 70 cohaoG, Motion IN
amend juc sment Toll kranted
Join L. Hudson agt. Alexander Ksozie-Motioo
sped on defrnc spuang not TO Defendants costs
to abide without prejudice to renew notion &C.
Befor. Judge BRADY.
Joseph w Trust James Person. ct. al.
BRADY, This action was brought TO enforce a
lien for the storage Of pspes that bad been %ronsHy taxed
plan so Rs'' BE- cd snd so
se.S together with interest from the 10Th March 1855
of the action, aid that be have sacn oihef ana
Jors npsn.sd Try the Issues presented tn. plea
found The counter claim Sc. up 70 be S and tse c.@ ., the
81 facts AID the plesdiass tue defend
ant, ak for cO: and 1 plaintiff a n ina, ..s as scsn
of the Court Ii Is said in Fox ast meGtesoto Ssr
iespts tbs horse Of his guest BY action in the stgIe
Of bill in Chaneey, the Court citing Cow TI "a cd SO
po.eS that the on, way in which satisfaction ffos lea
bs enfOrcsd BY b In Chslcs "refsus 70 strange,
cssea And we 6ld on examination Of Edwards Bamsnts
the Of the principle In reference to
@eGrssor supra Mod. R M Upon exclamation Of q
i've n h may he hs By bill
fsng to any suhoy and leaving the subject upon the opn
im Of the suibor only With due Difference 70 the leane
Governs Treatise asse that the authorities reeG Cd
10 OF point have bearing the principle satei oy
him that they reate 10 aeoGs oil rover 10
wbh the doctrine OF equity poser or jurisdiction not
eesitd Where the lien existed aud the remeoy AZ law wss III
doubt the Cour u CnaDcery bad the
10 toice that the Authorities
TO such suggested could b. sustan7d aud GER
anly unless the matter Ia dveue exclusive OF
costs the value Of 81 O. Bsrboar Gu Pr os n
l7S 10 (oy So In this the value OF the properly
proved trial rot pssso5 upon oy the
Jury, " 4 BEEN should be met BY the ducuy
equitable remedy enforce toe lien predesnd aPp
possession property hy enor ana LOT where ne
Parted with has been yios ytaken from Dis ~
tidy YoupsTiy yielding possession waiver OF ths len
East % W. nd. s67 Kent nth ed Se; HUI 80 bu'
where the eha,sl thing ct the leo has attached
tOuy the henor he may msnfsia replein 70 r.
eove- and ens,ce his lien Bso!ow sgt Hafon, hui "
The st here does Lot ask the sssston OF e P,opp
eneetd BY the bep but Tor judgment for boI n
kIesnt and sae Of pst property to satisfy thst Juoemen
There prooir the from which the pareusr property
oetbsfed could be described such could De rem
sreo and the property se neiihsr In the possession OF me
ooaIt ~ oheeI sPpoin I'd by IT, othe Patn Although ne
nature o. the claim be equitable tho seon to
nn OF money and the proof ard the hadias OF the jury nc
o'hst hsn judgment for the recovery OF money
90 ~ these views Of the 90 ,nsuen seems nj
mat The defendants entitled TO tner costs "a
% na' tne Presented nee and emb.nssne oo
nts sos hon TIE sxhe, character Ct this sctan hse
10 io "a sauy sctioo. contemplated ey ssetol
pioyed 90 mel PLACE within ur,sdcton The sSstd
U mil and i1de t. Hfo.k