New-York daily tribune., 1858-10-29
SUPERIOR cOURT-sFsei,I TskN-oer 3-gcs..
Judge HOFFMAN
pENyRRER-PRAsTICF.
Ncod AIT Libby.

Judge HofFs,N
pENURRER-PRAsTTCE.
Wood at Libby
tpon he naked question as prcsented by the de-
s@5Isr sS.d - n' nee . 20 % =; & .r srY, !, a -
,,ons ths when the IeE'sigre aos-d srnerd
Aieson supce od Fais o pesRs ''r.e, aahereacs
20 the erc.crbc Necessary The Oenefa tcrm has
r,d 'h, ~ words rs s.d rifs az. egn,,sni 20 a.,y
s,e GraAsm AT Msrbi.ou Ducr siiD
upon sppicios make the orsins complaint des'
n'e Justice PcrivPri o'dcs A. be % ri.i. se
IT, v, PSI ,1a % .a's Is oy sns ,as ~, o,ss
hs' 80 hen preserved The remedy would b. '1ns .
sAc 'e ana Gee ,o paiui oa tie rd ~hen an amend
sth NolH ut ao"'t OF 'crus Couns, s;s,e vac cef
Jace vii D, ioue W r,ir hs psu, liberty 70 male ,h.
draA he d. n urrvE without costs
NEW TRIti ON ADDITIONAL EVIDENCE.
Prescott Tracy Eums r R u sx- Olb.r H. Wines and
thsIlc, 4. " oi,nsy
Motion 4 + new trial by dcfei dsrt,. Mr. J. Sher-
wood for motion Mr.. Nichols IN opposition
Hos nsa Ji ihus trial mus, De- granted lpoa Tho
F6,,-The evidence is SO imro,u, that think Il would
probably chsuse he result srd thsis The sense, form s
But to able least, 10
re stated ~ oiahau snd Waterbury i. ,voi
chsr the the motion should be deucd. b., Il IL ho
douhi as how woud se, the verdict rather II it sp
pear ihs, is calculated aud oush, properly 20 have rsi
influence uPoH the Jasgment of the jury. Il shoald b.
Scro,ST; ,lce the evidence IN cuur'.ss--s
that rcnds 20 show that the good. really deli r-ee 10
Grauals Il snd before depc-ed TO- IN showing
the sud statements ct u in relation TO the delivery and
have been psr,r II the plaintiff in The Alpnent and s
ned copaina IthnA TIA, undcr he sensible ssPosos
the the term cumulative evidence In the
Nahcr 10 CoWen. Rep S this objection OF ths
Ilsi viii counsel on this srouud ], not ,eusbc
ThVd The discovery could not De made b'orc the trial
reasonable diligence. Toe party who tue information
srd only s ej the day before the trial sni d not make
his disc until aer the verdict rendered may BE-
trial Tie Of Justice sioson Of the nth Of
February, 1858 he day Of the trsD prejudice the motion
the disclosure TIE motion on this ground was not noticed unta
the 2s Of May bur the Of IL defendants counsel
the objection founded the delay thst the motion would
no' be heard uut he made 20 suhcirnt
CC wen " rniel S5i)
do not deem necessary enter upon the other p,n.s
raistd upon ,hi' motion Order 'o new iraluon Pyme~
OF costs
NOTICE pF ArPEkL not ACCOMPANIED BN UNDER
TAKIy6 OR sTAN, INFFFEcrVAL.
Minor
The judgment of the referee in favor ol tho plaintiffs
uuaccouponied with any undertaking order 20 stay w~
Intellectual purpose tSecton 5Si Of tne Code BY the
security being Nru order to stay obtained
By s,o $40 the undertaking must be served with the noc
OF sppeal. - .
Wh,h,r all these directions mus, not bo served within thu
time bed by eprs be taken whether an order
10 ay proceedings BE- after hst period has elapsed,
is grave qucstor. 10 not find neccsasy % de erne t
There sufficient grant such stay have tbs
power do H. The plaintiffs rs.poass'
h section o the Code restitution msy be odersos
upon the reversal Of the alignment. ~
Order toE payment OF the fund :" the plaintiffs
DECISIONS.
Abraham Binningor ct al. agt. James Darker.-1ho
ldzu BE- opened the defendant deposnx WITH
the Clerk the Court The of the snd costs.
and paying trial and Sheriff. aud s1
opposing this motion within five days Un service OF copy
of this order; Otherwise deni d with +5 costs
John Cony act. Anton Hain.--Moticn for a new
Trial denied with ~ costs