New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-10

MI. the def utAE. 10 eeer to Allow jssn.o,s Gar.
.rsosc With eS.t. On .ees jadne.t hs p-,ss.sSs
!. ysse To- prcsu,ss. wi,SOU, jassm.,, Me-, H.
trrc~y BE- made afer in the f ~
;s sc, 70 sic. 10 my % = ss"s.S G
.s. n.~sn known: ~er. no, sesios. law" sssss.
,vt u, s the equitable Jurisdiction Of the Court roe, are
or e in t. sS S su, 81 he Court, e s Above"
he eeiencsn hss mistaken the pr.ctoe lie shsali have
zoe G K. ssS5Ssa ,ns pe
si's SStise BE- I,a an order to :y ~ ysssss:.
The Lexington and Sig sandy Railroad Co ~. H.ap q.
Judgmen. for defendant Ackermsp. With liberty 70
sct@sn Co s% Sn - d ss
in .u ;ssn'' , sch e,;'s, the option Il the
In The na,'er Of the s00ts sh.''' and sed Of Harvey
Mr.. Cisres Edwards has been sppoio,.d yu.rai..
cd fr~ Of C.rpds Archer ire. Mckee, ia. d. MsKsc Csr
one Mckee ard Lesnors Mckee. minors asst o. iie a
pe oH The d ei.ion Of the Surrogate Der marriage
ANOTHER HABEAs CORPUS TO TEST wosAS's Ia
SANITY.
In N. matter Of the petition Of c.,harins MeGowsn
In September. 1856, Judge Whirpg Issued WIT u
bsbs. corpus directing Trden Brown e' Srpeassussst
Arm Moore ts wife Of Archibald Dunlap Moore and sister q
ss G rs. e. .s d.p,sd Of sy
Oct 10 q TBS: yea. T.. s..1sn ~
forth l tie S s s p ss aG 20 h'
The retrn and the referred Lewis T.
s..f .S W" On HSassy .G1os s s
ON the srobrd sound mind She has been confined
W '"'''' ''''' refors Judge RoosrvErr.
THE BowrRY BANK.
The following decision was rendered in this mattel
this moYnrg;
The petitioner Mr. Nicolsy is a creditor of the
Bowery Bank. q certified check for slIso dsed oA
s5, He compac. in ba, character Of what he dsooinssss
co'uye appointment Of the ocers Of the b.ak
receiver q s assets to wind ii. business. sod asks that s
.achS9 and Os creditor Is. ssa
vacated and the appointment made under them sss
cummIn.; sui, J. :pp;I. ~. eS%%s1esd on the , ,ss
order to show cause made the lob. sad
institution wa. formally declared "inov-nt" tie injuus.sa
s1Tii Se ae sns distribute Ike .oss he
ha 81 ss s b. h saS was presented the suit upea
sttued the trial had the Judgment rendered and the eheeu-
The piceeedrs therefore abOushi may been perfectly
proper sub,t,ntiay voluntary assignment made oy re
10 bsr eebs and ,be question Is seh ssss
BY bank, which, fthe petiones L.sstion, are we.
founded and is solvent aud entirely Psy m aee
The ..tuie II relation to moneyea computations Isil
suffered such oSIpS:sloH ws.n i.:sl,.nc
e. any Ssd Glf Such
5i%'
giving pref and Of eour,e SIN more u with the express
II NAV be that the selection Of one Of ts own ece Re-
cever was IN ludicious but ees,ny was no, ~.
expressly provides that ANY Of the directors trustees OF otoer
I sT, s Ss s p
cpe Of selection Any creditor nevertheless, upon seA
and NAV more suitable person Of b. nO@ip.
tion 70 tale The place the nomree of the Bank MI Moo
that another has done and hst colleagues
has already sde the desired change BY substituting Mr. Stew
Is Sufficient to state that the Constitution Of the s.:e
and the act Of s4s PASSED to effect to M resaement
the Of bapAs OF issss
shall be individually responsible to the amount o. thar rsspe
tive shares the Of e4s declares that 60
ed shall enforced as therein pcysra sna In nc Stsss
manner" That manner Is either oy Issuing IN Ss,
that an execution although issued be .sseed or. Of H.
plying for distribution Of the assets BY receiver and an AZ
poonmen OF the deficiency among the .,oeteotaes a.
complied with neither Of these conditions he nsthss
obtained execution waited the ten days Already an
sTsr 70 II Ih whose Vor condons are prescribed
their pfo,cement The Bank aid so the order thai
point no 70, n. ssDt b. n m %
part. to The p'Ocssdrs But the statute ss Ss nI' ss
cecdng authorized TO make the application and TO
the order Nc ,Sss ss' Clearly a s
Court hrs power to supply tbs omission. ,. .,...
may times. no doubt be srpoiled receiver s,l
however only be tempo y Any peisn having az
te nu on h. acts. and such motions be repeated
"a ott a, new occ ,.ions for them may arise Mr. Nicoay,
Ss s no. mac s5s b 9s i:
ment It @sy nsvsrtSeie. the ecum.sne.. itss
%ster the Pspp poi Of the c.Ris
th Chat being the act rather o. the pse: ,san o.
eeong the Secretary of the Trust Company IN his stesd
Should the petitioners conctr special order neces'
siy he will prepare draft and submit ION notice. for se.'
| Element.
SUPERIOR copRT-srscrL Tssa-Eov Before Judge
WooDRuFy. go