New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10
Jaw INTELLIGENCE.
rpRyxE ooURr-spEcIiL Trss-sI n.,,,: .''"'
vi 10. NIIcarLL, ROOSEVELT nd DAVlts
~, CptDIToK. OF TEE INPIRE CITY BANK rVI


II the matter Of the EioSre CITY BALI. ,,.,,a
Coma tine AGO en- order granted bY toe onp,ooi7
Canyt ,puoiptpg Stephen C.nbreing re'eree 20 ap
portion the debts Of the Empire City bAnk al1U". o.s
stoohboldefs so that the amount ye' oae y. =. ,bey
debts might De collected Of them 10 rat
,s.ne,tiye shares Of stock The statute proSlaes 10
suek sppoY,lonment in the ca's o "a .n bcS
,halI be made within certain spe5.netl , IL sI.o
may be extended for ninety daye, n ,uspead
sutborzed In csse OF psnning H"e
the spportiopment for one year -. ,,onths having
In 81. c,se two suspensoDs for s'1 monu h.vin9
been made and the acssd period Of nioe,y day. jon
sh.n pn,Sv Isssc o. Bake and oheI sn .,,.n,s
..ovsd ON he ground that all power .nue' ~ Iii ~
exhausted for an o,pe s reree rom further pro-
pfo1p ~, nnortjon The debt among the sCoe ssooe,o'
go Davies at Special Term ~ snaa ~ IT, 10
HvefeS an opinion which wss ,tav Of procesd
t III - IL ,egsrded the naming Of the time wThln
;cb he spportIonmeDt wa 70 be made, not IS dileI
tory but limitation Of so.norsy Tnc ,be present
Instance The order TO this effect was grao'ed On rne
i7th OF JanuNy. n.s NJ, tho an
,,;os,;on ~ JobD Oryer late Sheriff, and other c-ed
kor made an order requiring the receiver - apPeal
10 The General Term and notice TO tna' enec' "ss
served upon the respondent. -. L 49,
The canse coming on 10 be head Isst wees, tue
foart entered order reversing the udg-
neat at Special Term 10 consequence whereof ths rel
cree will now go on to compete me aoP az
smopg the stockholders No written opinion was de-
Lv.reo Tbereim Of ninety day. expires this week, We
.Iobn M Mason for the Uned States Trust Com.
s.py Receiver; Hsnison B1r,ll Warlns and Jonn
BuuiJI for John Orssr ard others, creditors OF the
Bank, appellants; n c,,d 10, -o,norde,,s
SPECIAL TIss.-Befors Judge DAVIES.
THR JERSEY PIRATES.
The five river thieves, whose arrest we recently
ehroniced were this morning brought 40 on WIZ
Of eersiorar, from Justice Connolly before whom the
proceedings are pending The prisoners were d5coars
Cd but we're Immediately reaTreeted IN companc win
. regulation from the Governor of NeS'Jetsey:
second writ Of hdJeds corpus was at once sued 0u 10
turpable before Recorder Smith, On Wednesday.
HADIAs cORPUs-FRAscIs AND MARY CANT LIVE
TOGETHER
Francis and Mary Kavansgh were married hve years
aso They have been Veparated four several times
tscb accusing the other OF violent temper. Francis
took their young child With him into the country, the
ins time that they parted company which ro,eJ 70
year sgO and TO punish Mary "''0onuu0'' io'O'0" "
LEI ter see II for some time
Having lost her patieuce at length, she sued out
writ of habeas corpus IN ooedience 10 Wnch ne, oiu
aud master appeared In Court this morning, lie was
alone, however, not deeming 1t prudent Tor gIi
Of only two and half years OF sge to come out IN such
driving snow-storm 6..
which i appeared that "incOmpstibny OF temper
had been the rock which their happiness b sd spt
Judge Davies ordered that the father keep the enid
Who sred TO be in good and csplbe hlnds on con-
dton that he allow the mother 10 visit II once week
aud pay her stated sum weekly from his wages. An
order that effect was entered IN me sce OF FRANCIS
protests tons that it would taking hall his wages ana
Mary fearful remonstraDces against bemg robbed OF
her little eirl s.,.,.., 49,. Marin Ncn,osd
MoIon 10 vacaie order of arrest denied with COSTS
Patrick McCsherty sst Hugh McCabe ct al:
Defendant entitled 70 s. costs as for proceedings be-
WV Thomas White agt. Washington T Romano.
Motion 10 vaca'e judgment granted wlthou, costs.
Before Judge ROOSEVELT
CONFEDERATION OF EoTE-EKCEPTlON TO CHARGE TO
THE JURY MOTION FOR NEW TRIAL.
John Rye sgt. Luke Harrington, jr.
RoosrvEIT THE defendant Harrington is sued
sm.her Of pIom'.soy mote In his answer he set, up to
cen.dsI.on "a He say.~snd what he
BY eonsideIs,ion-that the noe was made ior ne b
psyte Ddorser who had become indebted 70 the Pnn
,sI sGOSi sS sccsp in @ stead
Abe goods which three notes he SAYS sese sec dny dd
nS deliver no defendants o and that seahe still holds those
three Dot's ei h. & pn Sa no R to the note
o. md has siven 20 consideration for the same. ,
o.hr sworn statement should be construed a, to make a
Its parts II possible hsrmon1e WIN and no, Gon.lsaes e ,S
defendant says he made the note without c2nsiieson ne
must be unde stood as s h wa.
Thp Jadse At the ts however, took aud think correctly
b Ssw Gl .n R three .ub.
or EMO Sad ss S o3 Sn ana
The judgment rests on two propositions namely that zoe
@ Of ana Se that Ss tcnI S
D.w not sustained By the proof. offered " the 'riA
Thsye examined tsis if 1t regularly before me
proper however to add that the practice Is not perfectly
clear A. the unftnes Of single Judge sitting ~ feVew
upon the rulings of another single Judge OF the same Court
there doubt The Superior Court in S5l TO prevent
provided by express rule tina, 20 ale
law before the Jury would .. sSa. SD
Special Term that BY single judge m , ps .ae VA
"thsd" And In the next when The Legislature n
the under consideration, amendmen, was introduced
to awe greater effect Of the Superior
Court Prior that time motions for new trials on EXCEPTIONS
required n the first instance TO be beard aud decided a.
ga Special Term" unless the Judge trying the cause should
directly the General Term But by the amend
Of 1882 declared that such notion. ma't in the first
unless &c-Code A rs Why this chanse from the in.
definite the definite article unless TO prevent Ian appeal
With the Superior Court had Justly observed, in
saDd9rd 7Oi SHOULD be permitted where 1t can b
avoided"
UNITED STATES DISTRICT CoURT-M,RoH s-Befors
Jude Rrrrs
Tb. Bark White squ. Jshn j. Boyd &C. respondents .st.
John Gardner ct al.
This vas motion on the part of the respondents to
execution Issued by the bents the decree rendered IN
appeal 18th Of January pursuant
10 the standing OF this Court The oelsns contend that
the appeal vas irregular and void.
Held Thai the dles Of hs Court in respect 10 appeals are
9,h sections juday Act Congress OF
tebuary 1905 section Il Stat AZ Large 2ii But they
30 they have affirmed aud rendered the law
OF practice by Supreme Court essb.
hh.d by authority OF the Act Of Congress Of August IS S
That the decision Of the Circuit, District in the
Of 0rkn ss;. Hsyford rendered september 1855
sends varies the rule OF that Court Ia relation pr.c
tee sppeAs does control pToceedugs Dis
Court Antecedcn 20 the vesins Of the appeal IN the Circuit
Court devoves upon the Codr TO determine whether 10
brought there conformity law aud ee,t
accordingly.
granted the respondents bsvns duly entered their sppea this
Court before the sued Ordered accordingly
Seymour Tor hbelsn; Bernaid WlAsms for respodent
KINGS COUNTY COURT OF OYER AND rERMINER-
MAkeh s-beiofe Judge STRONG Justices EMAoSS aud