New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-26
LAW ZNZ,ELLIGENCE.
how LONG HAS RICHARD BUSTED BEEN
CICIZENf


SUPERIOR COURT-srEclAL Tesa-Msrch IS Before
BebaeT ast. T,wnsenL
motion WA MADE by the defendant to dismiss the
con sint in this action the ground That Richard
Bustted .sq the sttoiney for the plaintiff OF record,
wAs TO- al the tine the action was brought CT izen
of the UDi'e5 States and conss quenty uld not law
fully be permitted TO practice a. an Attorney
Mr.. SaDXsy, in Masking The motion. slated that DO
was not idpelled by any adverse fssiog TO MIR Bus
teed, by any deposition 20 irlure him; tnss MT
Bu.eed was personal aud poli'icsl friend Of his. and
Re al ould be well blessed With decision sgain-t his
client If it ihoud tuIn out to be true that Mr. Bus'eed
in fact citizen when the suit was orough'; or II
1t sbeud be held by the Cont that person moi en
zen cou Re icet SEQ practise an attorney 10 our
curts; that one OF these alternatives must ext to de-
feat the motion which he nov, In the perform socs
Of his duty az counsel for the defendant though reluc
taDly, about 10 make.
He then read the affidavit of the defendant, stating
thai the suit brought in May, 1855 by M Bus
ted a. attorney for the plaintiff aod ths. the defend
ant bad Only theD Mach H. 1851 tho date OF the at-
oasit en- tpprifed Of tie fact which ne believed to
be trse hit raid Busted at The time of the bridging
of be ociion was not citizen oftbe Unie1 St.'es
Mr. Ely the partner Of Mr. Busted, appeared to OPP
pose be motion, and read certificate signed "R IL.
Connolly County Clerk to the Eff ct that it app AIRED
ION the inutes Of the Supreme Court thst at Tern
thereof held Msy Is 1854 order Was made ad nit
ting Mr. Buiteed TO practice as an attorney OF that
Court
MIR Ely further stated that Mr.. Busted, 10 pursu.
aIce Of such orser, had obtained license from that
Court In due form at about tbs time Of the order;
thst euch cer sc ss not then in Court bat could be
produced He coneuded thar this Sufficient t. de-
feat the motion and be was wiling to rect the defsose
Of the morton upon it.
MI Saxsy sduitted, for the purpose Of This motion,
that such IiceLse had bten obtained but cont ndcd
ht The specific ALE cation Of alief age at the time OF he
eou mtI M of the suit not being denied 1t must
staLc D. admitted ard that the fact that csose
bad been obtained from the Sopre1e Court ia 1916,
OF in M elf answer TO tho motion The sliepsge
being s6I1ited but If inference was to be drawn.
il must be that the license ought not to have been
granted Mr. SanTsy was about to argue the point
which Re ccpsif the only in the casa tn no
berton rot citizen, could be lawfully admitted to auy
1:ourt to practise attorney in this State, when Mr.
Ely nmsrht I'd that he could, if it were necessary,
produce evidence that Mr.. Bust >ed was citizen add
I'D alton ey when toe sut brought, and also that
Mr. b. came to this cOuntrs, with his fher, WHEN but
one 81 of age TIE Cour hOus 1t that such evde
bad better be produced std the farber hesray Of the
motion was adiou'ped accordingly to the third day
of AIri ext at 10 q. m at Chambers vi liberty to
the defer dspt TO upon Mr.. Bused pr o. Of the
fsct that Richard Burteed DsturaIzed in this
Court On IL Cd day OF October 1856 Who defendants
counsel sad he he'd been informed, was the vertable
Richard Bnseed in question, adding, ths' 1t turoed
out not to be- To would gladly abandon this motion.
COURT OF COMMON PLEAS SPECIAL TEsM-MARcs "a
Before Judge DAILY
D.niel Gioyhe ant Thomas p Kettele o
Plaintiff 10 have ten days. further tims, and Sto
costs to abi'e event.
The INJUNCTION heretofore granted made absolute and
J. T.. Brown ast J. Livingston, ct al
Order Of reference to Chs. Z. Mott.