New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-03
LAW LNI,E'LLIGENCE.
COURT OF COMMON PLEAs-P.Rr H. FRI. a-sess,
Judge DAILY.

COURT OF COMaON ILhAsS-IANi u. -F"'' ~"''''
Judge DAILY.
AKK LIBEL sur AGAINST THE TRIBUNE
Ella. Combs ,st Horace Greeley and rham~ hsEfIsih.
THIS is an action OF libel growing out Oh ne fonow
irp psraersIh which contained In one OF seiisS
Of articles which sppfs red in THE TRtBUsE IRON oy
10 osv in the course of Last year, pnder the caphon
1.-The Tenth Waro Know Noth'nss;" v,--
"Ou hs way home reporter earned 'ns' p Sa,ns
Comb. th+ Temporary Chairman Of the Tenth Ward Fillmore
Club, escorted from porter ho"ss on ss 2s I'M
n a, an escort Of the brother Friday eyesiss and
while coming out Of ses near ae dIIne, a. as "
that with pair OF ouerimmed goggles 70 AID nun
in sropmE his way amid the dSns.i. o a..
block .
This alleged Hbelous mstter appeared in cur i'm
precision OF the 9Th of March. 1856 The plsanln AYERS
that its tendency was 10 cast rdlculs upon nm ana
backen his chaia cter, ard that he was prevented m
consequence thereof from entering into pronnoe
business partnership which had been under negcusaon
The mooest sum OF 10000 Is claimed BY way o.
tn. answer admits the publication, bat jasthes, q
leeipe its substantial truth The committee Of one
aver Was "a female, TO wit, the plaintiffs wife"
The defendants after some dscussion between conn
se opepsd by calling Witnesses 10 prove the hutn OF me
alleged libel. IL was shown by several Witnesses MAJ
Mr. Combs was escorted from Kellingers porter house
on the evening In question by his wite, VINO came -
se- him home. Mr. Thorn swore that he vas with we
psintf ON the previous .veDisg hu' did not aocem-
psuy him home. Mr.. OF arson, City Editor OF tHr
TRIBUNE swore that be believed The Tenth WNd
"Know. Nothings" = be Communicated Gac~s, from
what source be IVES ignorant; nor WAS he aware ho
they had ever been rerscted
The defense having rested. the plairnf called he
son. who ies titled TO the crcumstances under when n
mother went hon with h,s father; aud eaother wit
ness who swore that on the Other oc ASTON ne weDe
home alone az d that The saloon which he reqnected
was respectable. No special damsge vas put In ssi-
deDce.
The Judge kft ii to the Jury to say whether the pob
LEGATION was substantially borne out by me iseo u
proof.
Sealed verdict
SPECIAL TERs-Before Judge IsGRAHAS
QUESTION: OF PRAcTIcE-APPEALs FROM THE AARIg
COURT.
Margaret Irwin AT. Lawrence L. Muir.
IyGRAuAx +. IA motion il made 10 dismiss The
sppe. from the Judgment Of the Marine Court to this court
I That notice Of appeal not served on all Of The
ID That the notice appeal does contain the grounds Of
In s.w,r 20 the frs. objection sufficient that tAs
aos ,erysd on the clerk Service on tho clerk I'll that
Il BY the .t.u. ecou $50 Of ths code Of procedure,
oa .' p b. s,ad.d BY tue st Of 1855 20 :. 20 ssst s
notice Of sppesl al. t6As required (ssstion az - to ~
IL. .d .eeon require. that the notice spp. shah b.
served within twenty DAY. sitc Judgment stating the ons
The Opinion Of the justice the Court OF App-~s re.his
the time Of sppeaps I" still 10 force ne ssys
cson Of he general the sSrDe Court II remsss
ioren th. sespec, 20 reason Tor eSn.dsro! ID, fs
ina inconsistent with tina, act and only what nson-
s,ent that Is repealed thereby 40, .,, ,,,,
be inside by wing notice 81. provided By section s e
W. held 70 Gn.-oid At Van Deu.en, q Smith l7),
that the notice sufficient Uonnd for ne as
.ns note. Va. .msnsbs by inserting grounds sppe4
The application OF the decisions 10 these cases VIII sp"ss %
The motion must b. s.ned unless the spp~isnt shtn ssn
days smetd the notice Of appeal ~ serving new TO. -
tanning grounds Of sppes and pays the costs Of TINS
go.