, 1859-09-30

uldnS. 1rlal Oy jury; Veralct-nOt Suuty
Anderson for plfT., Evans for def't
Territory of Washington vs. F. Daulne.
Misunderstanding liquor without license
Defendant plead guilty-fned fifty dollars
and costs Of prosecution. Anderson for
pph., Kendall for dei't.
Territory of Washington VS.. - Chap
pellier. Indictment-Selling liquor with
out license. Defendant plead guilty-ined
twenty-five dollars. Anderson for pPH',
Kendall for deFt
Territory of Washington VS.. Charles L.
Reed. Indictment-Adultery. Trial by
jury; verdict--not guilty. Anderson for
ppff., Evans for deTt.
A number Of indictments were found by
the grand jury, but the parties are not in
custody, or their names would be given.
CIVIL CALENDER.
Benz. F. Yantis VS.. A. B. Rabbeson.-
Report of Referee. On the report of the
Referee, Judgment niSi was entered for the
sum of one thousand and three dollars and
ninety-eight cents. Kendall and Smith for
ppff Evans and Wallacc.fcr deft
Miller and Etheridge VS.. S. D. Williams
& Co Civil action. Amount Of demand
$l006 Sc Judgment for pPh. for $429
IA cents An important decision was rem
dered in this case under the attachment
law. A writ of attachment based upon the
affidavit required by the Statute, had issued
against the property Of the deiendanis.-
Defendants filed O counter affidavit deny
ing the allegations in the affidavit of plain
tiff, aud thereupon moved to dismiss the at
tacliment. The motion was strenuously op-
posed by plaintiffs counsel, and was fully
and elaborately argued on both sides. The
decision of the Court was in substance,
that in all cases arising under the attach
ment law, where the affidavit on which the
writ issues is fully met and its allegations
fairly traversed by counter affidavit, the
attachment will be dismissed, unless the
plaintiff supplies his affidavit by further and
satisfactory proof of its truthfuness. And
the plaintiff in this case failing to furnish
the additional proof required, the attach
ment was dismissed at plaintiffs cost. The
principle involved in the decision, as indica-
ted in the opinion Of the Court, is, that as
in attachment are merely aux
iiary in their nature and intended 10 secure
the creditor against the intended fraud Of
bis debtor, the intention to delraud must
be proved and will never be presumed
Kendall for plaintiffs, Evans and Smith for
defendants.
Lewis County VS.. John r. jackson. Civ
il action. This cause came on to be heard,
and tn, issue being made up, came jury
who were unable to Ogree'upon o verdict,
aud the defendant, by his Attorney, with
drawing bis answer herein filed. Judg-
ment by default, for want d answer, was
for the sum Of $ll9 "a, principal
and interest, and costs of suit. Anderson
for plaintiff, Kendall for deft.
4. II. Wilson Il Co. VS.. William Cock
Civil action. This cause settled and defen-
dant ordered to pay the COSTS Kendall
for prils., Evans for deft.
William W. Miller vs. L. D. Durgin, et
al. Foreclosure of Mortgage. Trial by
jury-verdct for plaintiff for the sum of
$l,52S 10, with interest until paid, and
costs, and sale of property ordered to sat
isfy said judgment. Evans and Smith for
ppff, Kendall and Garfield for deft.
Angeline c. Simons VS. Sidney b. Simens.
Petition for Divorce. The defendant in
this cause, by bis Attorney, demurs to the
petition. Demurrer verruled-except-
ed to and allowed-defendant directed to
answer-answer fled-and by agreement
cause continued to the next term. Evans
for plaintiff, Clark for defendant.
Williams Il Gariielde VS.. Steamship Co
inmbia. The respondents, by their proctor,
file their answer herein thereupon, libel
lants, by their PROCTOR file their replication
herein; and respondent, by his proctor, files
his affidavit, and moves the Court TO con-
tinue this cause; and after full argument
Of the respective proctors, the cause is con-
tinued till the lst Monday of November,
1859; whereupon, libellants are allowed to
amend their libel, to which order of Court,
respondents, by their proctor, excepts, and
is allowed; and libellants, by their proctor,
file their amended libel herein, and, by
agreement, respondents are allowed time
to reply, and this cause continued. Smith
for libelants, Kendall for respondent. n
J. d. w. Tillson VS.. William Stringer
aud Phillip Mckinney. Civil action. The
demand in plaintiffs complaint having been
satisfied aud the costs paid thereof, the ac-
ton was dismissed. Evans for plaintiff.
George W. Howard VS.. Hector Horton
and John NJ. Robbins. Civil action. Judg-
ment by default, for want of an answer, for
the sum of $3.50 Oh, principal and interest,
with interest until paid, and costs Of suit.
Randall for plaintiff.
Bartholomew Cullaghan VS.. John NJ.
Swan. Civil action. Judgment by default,
for want Of an answer, for the sum of SAL
"a, principal and interest, with interest un-
til paid, and COSTS of suit. Randall for
pPd, Anderson for def't.
IL. p. OBryant VS.. John NJ. Swan
Civil action. Judgment by default, for
want Of an answer, for the sum Of $2l0 SO,
principal and interest, with interest until
paid, and costs of suit Evans for pl'T.
William Rutedge, jr, VS.. Hector Hor-
. Iohn DoI1,;ne nd H.,