New-York daily tribune., 1858-07-27
LAW INTELLIGENCE

SUPREME COy2T-CH,MBEss.-July Si-Bef,fe Juiss
SCRAisH.
CASE OR JAMES ,CTrOs ELLIoTT-MofIoN TO FAcArE
oRDFR OF ARREST DENIED.
Jonshsn Pee. Her Btsnnc M,esJs priEcpl Secretary Of
s,s,e for the War Department sst james sutton Elliott;
This morning Judge Ingrahsm delivered the follow
ng brief opinion this case denying defendant motion
to yaoate the order of arrest but without prejudice to
bis renewal Of it on his affidavit:
ISGRaHAm, This action may bs brought in the
name c. the plaintiff TIE Statutes of England vest
the property in tae officer and give him authority to
cue for Il.
There ia nothing il tee dicison Of Judge Hoffmsn
III Howards Ps Rep p. y which interteres with such
mode Of sustaining the action. he says If the Stste
sues without the individuality of monarch pub
be officer representing it must be upon the record.
Ard egsin an Embesssdor may sustain au action on
behalf of the Sovereign.
Where tie property is vested in the officer for the
tine being AID he s authorized to MAINTAIN an action
therefor IN his own name the country ne repIe,snts
see no reason why re cannot sue IN this country.
This action for the recovery OF the money embezzec
is not merged in the extent aad proceedings thereon
ror affected thereby far as have been able to OBJ
tain Information in regard thereto. The one is an in'
formation fer the Government, tae other proceeding
to obtain payment Of the debt not ntertered with by
the former.
Tie objection that the fact, are sworn to on infor
nation and belief is not available this motion. The
mears CT Information are stated and they are sut1-
cient 10 make OFT prsma tGce case until denied ny
the defendant Motion TO dschage order OF arrest 10
denied, witho7t prejudice to q reDews. Of the motion
on snidSvit of the defendant.
Before Jutge St IHEaI AID.
Shortly before the adjournment OF the Court, Mr.
Whittier, counsel for TIE plaintiff, spPeNsd before
Judge Suttersrda ard stated that Is Judge lngrsaam
had slowed the defendant the privilege of viewing
bic motion on bis sdavt 10 be discharge from arrest
he would AK tee Cout that the other sde should s7e
thf m fn-tv dav.' o.ic # such notion
Tie Judge made 70 crder il regard TO the appAcs-
ton, and the matter will be brought up on Tuesday a
II oclook O.. IN.
HABFAs coRPUs-CUsTODY OF A CHILD.
Judge Sutherland granted q writ OF hstea corpus
cCu N nsndirg james Green 70 produce Louis Gotts-
ctak, an .ei tmste child nine yeais G. age, oefVrs
the Court II appears tna Csrohre Loase IL tae no
tie Ct Louis ard some time ago enc placed hin 10
care Of Mr.. Greer. Srbsequen.iy she wen: to New
Oreans where she was married. Last thursday, IL
company with Ter husband she cane 70 tH;s city .or
lie purpose Of getting Lou. but NJ. Gf.er refusing
10 deliver Up tie boy sae obtsinec the writ IS s'fe
said
PASSING A FORCED cHECh.
Gee. BowIie eIsuiceo osiors justice " e-sa OF
a charge CT passing forged oaeck. u.o.ien va.
ace IN bis bel sf 70 have him d,scharged, but ne
Jus,ice dsried the motion All bed the eccU-si e
6rsSer tny Indictment .olI1ed o. .,e ehsIse &c =
su-n CT s5 90. lilo applied tor and ob.A- "rt %
ceritsroT' fcr tae rur2oie q testing tie sa! u "a
ri.s'umer-
Before ia e .ssssiAN.
srBzfsDEHsD 81 RIs 80. Z.
jots, n. P;aits. c.r.sa T.: 80 b''T', -