New-York daily tribune., 1858-08-06
LAW LNIELLIGENCK
g. gIrME COUHT-CH,ssFRs -AuguS S-5etccs jsASs
Inc N6zst,n.-DrcsIosA,.
Hxrra field et a..


NGSsa,n -DrcBosA,
Harris sst L;;cifec ct 81
The cefeE0snts obts.reQ order for plaintiff 10 hA
security ior G. sts or chow why such security
sborlc ret be fed and the order directed that D.
:eacsn.s shogd s,ye ten days after security was hlej
Sid stayed plaintiffs proceedings IN the near 9 ns
Ice stsy was vacated by consent ard on defendants
seryirg sn srsvsr within tie ten days. tne plaRuh
re.ueed &c receive H. te having disregsried the order
extending the time to answer Judgment; Tac defend
ara II eve to set aside the judgment
Whatever mty be the view adopted OF tn, pro-
r'ie.y Of d.sregalcing order FOR mere time tc az
swer where no affidavit Of merits is made, accord
ing t. the opinion of Mr.. Justice Strong in Ellis agt.
Ysrchsss "a Howard, 3l5l | DO not consider taAs
course at all proper 20 be pursued in Cases ike the
p-ssert.
am net disposed to sanction the prsctics Of dsrs
gaicrg an oroer Of the Court IN any instance exceW
where expressly authorized by statutes. AEy Other
ccuIse terds to produce rregula.ty and confusion -
legal proceedings. II tie attorney IN every cNe
vheie proceedings are stayed s to sssume the f'ght
iuGg rg whether lie will or will not obsy the orde
wou.d te better that the authority 20 make the ORDER
should be taken away. In The presert case, however,
TIE time 10 enswer was necessarily eHtsrded utta
after the security for costs wac filed II was an order
to show osuse ard if the plaintiff objected to any part
cf the order il was hs duty 10 have appesrec on tao
RI turn of tie order and made his objections to ths
Judge II at the tine # showing cause be cou46
have satisfied the Court that the extension OF the time
to answer improper il would have been revoked.
Not having dore so, he must be treated as having
waived any objection to It.
He recognized the order 80 far "a the same required
security FOR costs and by his own delay IN putting n
AID peiecrg the security caused the time to answer
to expire and then sought to take advantage OF tu
own delays and deprive defendants Of the rgh. to an
swer. While he was dosy ing the proceedings OF tts
cause le had ample time TO apply TO the Count 10 cot
sside tie order giving time to Instead Of ths
be lot only emitted 10 notify the defendants attorney
Ct lis detemLson TO disregard the order, bot he sp-
parent.y ecquesced IN il until the time to sSswer
originally granted had expired.
Such q practice IS rot to be appfove1.
ard s1nct be sIstainec with propriety.
Motion 10 set aslde proceedings 70 allow dsfshdsnSs
to al swer ia granted, With so costs.
UNiTED STATES CIRCUIT COuRr-Auglst 5.-Basss
Judge NELSON. -
NortcT. Judge Neson has mt 10 the Clerk 0f the
United States Circuit Court the following order:
CooPERsTows, Aug. 3, 1883.
Ordered that SPECIAL Term Of the Circuit Court
Of the United S'Mes, fer the southern District ot
New York re held on the first Tuesday tho 7th) ~
September rext at the United States Cout rooms, an
tie City of New York. on Chambers street, ct ~
oclCCk ~ according 10 the act OF Congress 10 sach
equity srd admiralty, beside motions, csr be hoard.
Arrenls in admiralty viii BE- Grst heard.
Notes feue must be filed on or before the Thar-
dsy previous to the 'th, and parties having apPea
csSes eye requested to order tue copies Of Apostles
required by rule Of Count, before that time
KENNETH q. WHITE. ciest-
COURT OF GENERAL sEssIoNs-Avc. s.-Bsso~ r..
corder BARNARD.
Netting Of importance transpired in this Court to-
Ssy Frarc McCu,ker aud John Auke,e tried foe bur
diary hild snd convicted McCrske was s~nto
the Prison o pears and Ause. 70 tAe Pen;sansy
Or TWO
ace. Seltence sDspendet I'll SATURDAY.
Ssuur He pesdec grty 20 petit sen7 Art va sea 20
ihe PeLIeIiisiy hT '!A months
COURT or SPECIAL sEssIoNs.-Arc 5-Bs'ors Jastoas
BEowAsLL, OSBORN and QuAckEsBCSh.
AdO,ph Fare was convicted CT keeping cisorderfv
Lc Sc a. No 50 Centre street Pentensry tfee moths
Jsmes Mo- ire Convicted II 'teshns sI'ef o"ae n~
msucsd for ssrtence. ,,..v.
Edward Ergsn convicted Of an a1ss IL and battery On Ia
wsso Mason Peritsntsry OK nontoa
Johl convicted Of sassut aud bSteU -
stsphsn Wo.isr. Fined fl6. ...
Wm Lpo1te convicted Ct IL and battery o. Otss
GairCu. fEtd SIC.
s.r, New convicted CT stealing pI.cher City Phsss
l!stI Gays.
John Beysu convicted Of stealing copper ooi roitss
,sfy siK mcnihs ~.
piop.ity. Pen.sntsfy forr months. -.
Apcsw Lyrch % eorvo stealing bank bills sad eotS
a. silver House Of Refuge. . 49, ,...
Joba flocd convicted of stesiss PAL Of bu'eH
Ps,ei Whe.ty S.dea guilty to ',e4lns so es.r' r'''a
tisy three moD0s . .1...,..I..
x.y ce.,eio peadsd guilty to stealing shawl and osss
artc.s PeIitentsry thee months ,....,..~x
Jobu william. pleaded saty 10 stealing 10y fsni""@s
H,s,,; So a pe.Sed guilty sts,ins Ire" snf o.n~
.cl., PsLlt n.sIy two uoS,hs a.. . 49,.
,b seek,t 4 JACOB sobreder and sssrs ,he'sirom 80
PLitertasy siK moa;ls scd D"eo2u' "
The CITY Pi.sO1 month. A.
hsrset Cs psscec sc,J 70 s'sact sri bs,ry on Aa'
Maasr JucpneL. sr'p-Dted . ~ -.
Pscr Cs<-y estsc gty 70 81 ASA snt oH'J On JUN
ss.,ft. PeLl.elt.sT7 t~o mon u.s.