New-York daily tribune., 1858-07-16
LAW INT,ELLIGENCE.
JUDGE RUSSELS INDICTMENTS REMOVED
TO The COURT OK OYER AND TERMlNER.

TO THE COURT OF OYER AND TERMlNER.
suPRENE coUaT-CssssEKs-Ja,y A-Bef'te juice
Tas People Asr.A,n. D Ra..sl. B.ra..d rrn,a "a
wssds Ma ey. Wa. S A-ea, Wn- Teyee Efae'' hsy's''
a.. Patrick Mu.phy.
Tns morning, by consent OF tie District-A.torrsy
and counsel for defendants IN this cse the indictments
Two for Assault ard battery OF George Wilkes aad
Jotn Da'ce, sni for riot ard assault s,d battery
pee transferred hcm the Court of Geuera Sessions to
the Cour. Of Oyer and Termner. tie next term o.
which vii commence en- tie f.s. Moudsy OF October
next.
TIE following Is copy Of the consen: BY tie Dis
tIiot Attorney:
1t is hereby corsened on the psit OF the pAntiffs
the People, indicns described above, agains.
above named defendants tha. order be granted oy
any Justice OF the Supreme Court, on the appucN Nion
of tne above named defendants. removing the Original
Indictment i.om the Court Of Genera Sessions OF the
Peace of the City and County Of New York, wherein
il vss found and IS DOW pending, into the Court OF
Oyer ara Term.ner of the County OF New-for aud
It Is her,by stipulated that the said People wave the
techncsl fornsites Of application by the ssd defend
ants TO the Court for such order AMI further waive
the taking ard fling Of any recogrzances. upon grant
ing such order PETER Il SWEENEY,
District Attorney.
Upon the foregoing, Judge Irgraham made the fol-
lorirs order removing the indictments:
At Special Term &c, present the Hen. Dsuiel
p. Iugrshan Justice Ct the Supreme Court;
Upon tie above consent and stipulation on the part
of the plaintiffs. the People by Their District Attorney
ard upon application Of the defendants under Art.
Chsp. OF Part OF ID Revised statutes. ana
upon copy Of Indictment, it is hereby ordered
upon fling with the C!eik OF the Court OF General
Sessions of the Pesce, in his ctce the sad orlgna
consent srd stipulation and this order that the orig
ina inc .cu ent aforesaid be and tie same IS hereby
rem into the Cou,t Of Oyer aDd Termner, With a.
hpgs Of record in the said the Couit OF General Sss
sions 81 tf Peacs touching the same and il is fur
AZ A d
with TIE Clerk tbs oyer and Tsrmiuer in his office
in lieu Of recognzances. DANL. T. lNGRAHAN.
THE BRITISH SECRETARY Or STATE n COURT.
Jopshsn Peel ber Britannia Msestys Principal Secretary Of
Sate for tAs War Department sgt James Sutton Elliot.
Tc.isy upon the spplc,on of Plaintiff counsel IN
this case, Judge Ipgrshsm granted an order Of arrest
against the defendant, in a civil suit commenced BY
her Msssy Secretary sgair st him. for the recovery
OF $40 500 &c, moreys alleged to belong tc plaintiff,
and embezzled sud misappEed by the defendant.
Ben,.rin l.. Benson sst Lewis A ssyre ct al.
Tls action was 10 foreclose mortgage After
service plaintiff diea notice OF ia Pezdens ana
the dsy file. HE compsnt AsE the hirs CT the com
purbser Oh ,cs to the e on the ground the notice Of h
pendens and complaint not 6ed at the sane ue The
Judge says censsdrs TIA. until he fling Of n. eompns IAN the
of the complaint gave validity 1t was then on and the III
e notice OF rs perdes gave notice 70 pnes taking subs
quent ncumbanees Before the .uo'uen 70
crubra5os In this received both papers were on HE
and the Of the statute In requiring them 70 be nea
Iso Ps h,y M q nIs q. S las on .s
thFefom TSe commsnemea: Of the action by the service o.
y.y we soed reason stated 3 Hr Jo.eo
R.s u How r. Rep s va that s RSs Of In Inc t a%
ca s. ia fe tie nt:nnso the .,e a,
o the notice Of la reden shall not affect purchasers until the
II the had gone before tine hns Of tl.
complain, different question would be presented which = not
necessary decide as is conceded thf the property in
h mot aaa S 10Th s1s % S, % . | Sn sg ,Ss .,
the statute would render impossible for patty to comply
where tee property vs.. os,ed in caereat parts STATE.
II there any necessity ior IT, ths Court might auow an
y1o f.u 80 Of the date Of fling the notice Of W ptSS.n
Ii the parties Fl; 20 take such order Il An b entered
although Of the opinion that l. Is unnecessary IN tue p'e'sas
TIE motion for return Of 10 Per cent IS denied
The motion hat the purchases comPee 6' Pichas aA'ed
costs allowed on either uio'i'l-
DECISIONS.
Charity Wood sgt Henrietta A. Smyth ct A.-Ret-
eence ordered TO Pho Rlgse. esq compute amount, Sc.
Thomas II. Sinonton ct a. agt Henry Spier.-Mo.
tlon aside execution srau,sd with $40 costs
John +. Cunningham ast. John Morgan.-Jadg-
mtnt e. foreclosure. sld sac ordered
In the matter Of JAY Jarvis, &c-Reterence ordered
Rob,r: La met, esq, TO take proofs. sc.
Before Judge SUTHERLAND.
INFORTAsT QCIsTIOSS or LAW AND PRACTICE.
James W. Paige =. al at L. o Wilson .. al
IRE defendants, an extensive Jo6bing hrm IN thus
city, stopped payment IN October last, being al thN
tims NOE bted to tia p.slths, large Boston house
in the sum of $4,000 An extension was granted to
them with the erssndiIg on tho part OF tue plain
ts that preference TO be shown to any OF the
creditors. On the J0th the PLAINTIFF made appcstion
TO Justice Sutherland for temporary Injunction to re-
strain the defendants " from making any assignment
cor other disposition of the property owned Dy the
fiim Of L. %. Wilson 20. In October loJ', or the
"procs eds hsreO the ground were about
10 make assignment preferriDg certain creditors.
The Judge granted the INJUNCTION, and Il WAS served
upon all the defendants before p. IN. Oh the 3Oth,
oft,r which hour, snd on the same day the defend
ants sctrg under the advice of their counsel, Jas. L.
Braoy, esq, executed general assignment to Bates
Il Wiscn, preerring them for acceptsnces made by
the assignees fcr l.. o. W.lson & Co., then preerrrg
al thcse wlo lad become bail or surety for the de-
fenc arts ard asrward distributing the property pro
rata sm0rg the remaining creditors A motion was
made by ciendaLts counsel 10 dissolve the Injunction.
Upon tie Argument, Mr.. d. ID. Field, for plaintiffs,
ra.od preliminary objection that tho dsfendants
we've n contempt for violation Of the Injunction, ana
that they must purge themselyes Of the contempt be-
fore they could be permitted TO proceed with their
mot on 10 vacate the IL iur cton.
Tie Court sus.siDed ar. Field and ordered the de-
feudsbis 70 show Cause Why they should not be pun.
shed for y,oati, the INJUNCTION
Tie case coming up today, Dir. Field for the plain
iifls argued the following points on motion 70 punish
tie deis rdaDts for contempt:
Fr Iee Coo' vii nos hear .ny afsdnen, upon ne aes
ton u d'o!srg tie injunction ran the de:-n ians haze cleared
ibeI'e.;t Of tue ,!s sed contempt
tempt By wi.il di.,o vio.stioa Of an INJUNCTION.
ds s and Pa ne ye s o. 'aT .sl,sa pou I
Of he eeeLo ats Ad the original exhibited The re-
Eoni ns<an-LI OF
the property BY them Octobsr 1857 its sedt
Arf service hey deliberately made az Of a. aei
pOty They have dor, 5n,less Oc'ober last 80 st
al ;hs property assigned toe property then owned BY hs OF
10 'Iroc.sds. The s.gr nj prefers other credi'o-a
Third The question 70 whether the inone on ~" ss,
r. gsa,-d be c9n.iieed Tie Cos had JI'dle.y
Of tie on AID had ,be defendant were % mo
obey tb ojuro:ios Pc PIE spsHlsirs aPass -. Dss
sat The Mayor Dlsr 493 People sst s.Isvsa' S-1oa
-. sfllvs1 81. judah, 4Psg-. 49, ,
f0nr. Tie defendants yio sion ofthe iDjcneton Wa ct.
eu.ai, % AID aid nr-ii. pels and peJGcice ne
remedies oftts plaintiffs Que Of toe very rene
die. scrgt uirf tbs lja.c,.ca AID psJmsa 20
the slas Of an rquel with other creditors, Ta7f