New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-01
CnURT OF COMMON PLEAS-SPEefAL fGKN-JrNE 30

In the n.a.r Of The peti'i9u of Msgs,ct Grady &c.
Habeas corpus ~ mo her for her daGgher VI mora
youpg LADY about 10 age sppeaHgs th~ sa has
living With he respondent F. H. Bonnerd service or
sik h 10 prefsfSee to her Iobsr aud Ihs'
good o her, The petition was d'aowed aud MISS hoofa
MoMGhsn H. Special Administrator &c, sgt rhos r. Allen
BRADY, j This is a motion for leave to amend the
complaint iusarns allegations OF the insolvency Of John
Hsnison The time OF bis death and tntt the psnth VIZ
IHs 81 and end also BY order Of the Sprono
court In Of wh;h hc same we're h vs.
and entitled thereby aud by force OF h s CHAR
Special Administrator to the relief demanded N the
eOsIlsnt. .,u.n,. war. ,,..
.vpsed and esbol.ey discussed on The "Ot%n; p.Smaent
.n9ns wh wa. The delay Of The ss''n n tsl ' ..
he which has ped the motion has az
nsntsd Both Of the facts be alleged If they existed
all existed proI to the OF Of ,s sco
Ia complaint we bod appeal that such ave ~"not gan'ei
SseP the same o'ect i9sd S pms oy
which have referred but simply to state that All exam
thin 'ubs.n,a jucs requires thai the amendment
s5?d be s,weS hys not been M to the
facts which were s'Snoed AMI sIrays against this
on upor Ss e the ecove 10 nov or either
the validity the CT LIN the plaintiff right Of action Those
questions presented in another form and in different
l, OILY to apply the terms which ID.
Court has adopted in similar to indemnify the defendant
legations paayse his defense There 10 hsdse 10 this ~
Che oDpsn dismissed aid the statute of limit atoms did
dse'y TO and any doubs existed on that
ne. should be permitted The box. fani, pocedsnts Tor
anendDen's after Of litigation the Cous terms
only the applicant The amendments proposed aud re
In the with the amendment OF
the re c c " s so.s e be sn
the defendant withraEs his defense then naynea Of all
his cthe amendment to be without prejuiic' to the de-
erdaut right, any respect sod the defendants
s nte'posed to be considered denying such
over but the testimony ro3y taken IN the
other issues 70 7 main undistrroed
BEFORE JUDGE
John A. Ubsde ct al agt. Herman X. Root
Order dsmisslng motion to correct order Of refer
spce.
Iscob pec.re az Henry liSutotd
Motion TO strike out parts of plaintiffs complaint
granted with 30 defendant, to abide event.
Augustus Chaplin, Administrator &c, as- Peter Schultz.
$50 8llo vance granted, exclusive of costs.
Wilson q. Hunt agt. Isaac Schwartz
Reference to Thomas BOese 10 appoint a r"ceiVer.
Patrick Ryan sst. James McAllister, 81.
Corral TheiIe sgt. The same.
Frederick e. M,,her ss'. John Harcn.
Order vacatGg Judgment, So %S; n,.u
Order Of reference to Jonas d. Phillips, &c.
James Van Nance as'. Minot Mitchell
SUPREME CeURT,srne,.L TES~-'uHs 5a-Bsfo'o
BABEAs coRrUs QUESTION UNDER THE rSIi'r"ENr
LAW.
In the matter Of VIM H. Cook
A wit Of Hsbeas Corpus was granted day or two
since the petition Of sarh wi: whSh alleges tho, he.
80. sna pn 1SS.. Of en-" .m s' detained
TIE the sduhs the yoGns 10 DO under
as that HE enlistment in February last is binding be-
cause made with the consent Of his parent And on this
slles alton issue 10 joined.
In .ppeaIs that exsmiuod, his mother
Der con cent orally and he taken trial for days Al
expiration Of that time this copent was educed TO wrI-
ing he taken iIto the service.
Aaue.ou whether The con.sni first s;en
and the counsel for the petitioner further
ssoed that the oral consent eyeu ~as waived by the sub
requen' writing which Therefore bound the Gov:
and In eontravenon Of the statute which says h
mus have been "est bad OF obtained
rested the strength his the amen that
the OF Mrs Wss husband sepather OF hs boy a1d
his f guardian under tbs statute which pro
vides that person shall SC without the cansent Of the
parent guardian, Master NC. The Governuisnt
the of the mother soacient satisfy
parent and therefore all the requirements o. the act
The is intended est this very Important
ton learn, dscsoD OF which will affect the fshts
many minors now IL the army Decision reserved NJ Cook
tor the petitioner. Jos Lowell for the Government
WIN. Wsnie assignee &c., ss Ann b. VsisSol ct s.
Molten granted.
WIN SKINNER sst New.Yorh Central Railroad Company.
Mo.ion denied, without costs.
Thos +. Wilton Of a. ast. II ram HUT.
Motion denied without costs with liberty to plaintiff
o reply anne, dea snswcr, if necessary.