New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-28
Law INTELLIGENCE.

o,-ppv,rr cotrR--epyctAL T.ks-Oct q.
The Mo'togam Breach e IT, the s:s 70 =. D-D' u
The ALLOWING |, an opinion given by Judge Roo5sveit
Oh the practice in granting orders i0r e1a "
books and papers: -
The plaintiffs sllege that they Transmitted SUM-
,,osni.sory notes des,ribnf them q ths Ono Lhe
and IU. C9nRIy N ss ff ior e2 s1a 10 Sd h
ps,,ed them over the defendants Hodge 60 wac 81 w
ei,y r the indeb,edrs,. q the Tmst Company 70 as M
this suit brought against Hodge Co 70 Iesosei 81 bs
such conversion ard that it s masil. ana bs have an
plsiHs 10 prepare their complaint that they .nv
{n'peet Of all Pg; ana snns :e J. IN question ana ID. a.
dscd indebtedness Of the Trust Company 'o' WIZ" '
The Code urovide. that the Court before which an seon ~
pending may s discetion order ei,nei parry - COW ~
@,DeT an and doeanent. hi. pos. son or under
q" his control containing evidence res'ins ~ TUG "''
Ien OF no g paeasr stage Of action The period f
m,ans ths % sSs been AL .d.aa Ifgu oCamtnssd
An action Is pending" soon as the unnoh' !. ~
The motion therefore in proper case may be made oe'ie the
1nd seodhy the rule Of the Court taking this view
Of The meaning the atne provides for such dsS9vsIy a.
b, p.t.pce Of The plaintiff when 10 enable hn 70
frame bis complaint. Duer, 66 -, ,,,,.a and thu. q,
doe. yet appear what the defendants WI" admit ana
deny is clearly untensble !, o.o,,,,sd fran, mere
fishing adv. nre Inqusoral examinations into persoh
prva;e books and papers require to be restricted " tue
Ttey are always odous and should not therefore be undny
sS,ended The law allows thtm so faF as hey are
The rstia. counsel will ds, order in conformity
with these suggestions and submit for settlement his' serving
''oP' u" N"' Before Jndse RoosEvELT.
Vim. r. White act. Michael Christal ct a.-Motion
granted payment Of costs. :. p,..o,v
In the matter of the application OF the Mayor, &C,
e'G to EPeIDs and sy5s Sss
r%r., 10 report Of Referee.
New. York and Erie Railroad Company agl. James
O. A. Alvord sgt. BENJAMIN Frszee.-Papers re.
turned adjustment between counsel 10 not
Davies j. Bruno ct al. agt Cobb ct al.-Csse
settled.
SUPERIOR COURT-Ocr. 27-Beiore Judge SLossos.
William Pollard sgt York and New Haven Railroad Co.
The plaintiff alleges that in the year 1884 ne vas
passenger in the defendants VILE the in which b.
was run into by and the plaintiff thrown down by
the S Zee s h H Pas @
From the plaintiffs testimony i appeared thai he Ta ,os
to go on .s d the the @ %, for about a week
The defense general denial and allegation that no acct
Ss5 % .oo place Of T h a The
plaintiff however that the shock 50 violent as to
throw him from the door the car to the stove distance
VI ''l'' ''-'' ''' Before Judge BoswoRrH.
Jane A. Backus agt The Hudson River Railroad Company.
In January 1886, the plaintiff was passenger 10 the
Albany train on the s IGaa ,d Tine p W..
by train from Poughheepe the car In which the Pslnt
seated wss thrown down an OF Zee. s
Vssiti Campbell brings similar suit The Company admit
their negligence but reuse pay the amount claimed as
damages ground that is too much Verdict for plain
tiff 800
SPECIAL fERM-OcT. T-Beore Judge BoswoRrH
DECISIONS.
Harbeck, &C., ads. HiscOJ, &c.-Case settled.
McCready egt. Ramsey.-Case settled.
Before Judge HorFMAN-october2 6
Charles Coleman ct. al agt Samuel Wels.-Motlon
derbd without costs
NoTIcE.-The Special Term Calendar will not be
called this Term. i}y the Court
October n, 1851 g. L. MAXWELL, Cle1h.