New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-18
Law INTELLIGENCE.
SUPREME COURT-is CH,ssGRs-FEB. i'-Before Jusse
lNGRAHAM.

SUPREME CoURT-iS CH,ssGRs-FEB. i'-Before Jasse
kCRaHAM.
the LowBER CASE AGAIN.
The People rel Flag, &c, sst Lowber ct a.
Lowbor moved for 81 order directing reference u
acc, rtan the damages to which he il entitled on ac-
count Of the INJUNCTION issued against him.
The plaintiff objected that the undertaking was not
required by the order of the Supreme Court, General
Tenn and that undertaking was necessary, because
the order Of the Court directed the proceedings 10 DO
stayed on the CONNER Ient OF this suit. ny tnat
order plaintiffs were required TO file bond with t~o
suretes TO pay to the plaintiff 10 the former action
uowber all damages he should sustain by reason OF
the commencement of and proceedings IN such action
The Judge decided that the undertaken given IN thls
action not ia conformity with that order. IL was
a bond and not condition IT, pay other damages than
those which might be sustained by reason of the COM
mencemeIt of the action directed by the Court "
did not operate of itself as stay OF proceedings IL
was an undertaking To pay damages which might BE-
sustained by reason of the coRmenceDt OF the action,
as well rs which might be sust aimed by reason of an
Injunction which Mr.. Flagg had applied for IN the
present action. TIE coalition OF tins undertaking IL
not in conformity with the oder Of the Court or with
the 222d section of the Code. If voluntary under
taking it can only be enforced by action. There is
no authority TO refer the matter TO assess damages ex
cept when in conformity with the Code, and the de-
eudaLt must be eft to bis remedy by action upon the
undertaking. The Code says the damages may be az
certsined by reference or otherwise a. the Court
shall direct. The defendant may nave leave to bring
IN acton on the undertaking for such damages rs he
shall have sustained.
THE MKEsZIF DIVORCE cAsY.
Jane Mckenzie sst. Alexander Mchenzie.
This ia action tor divorce tue ground OF cruel
treatment The Judge ordered ths, s padt toe
plaintiff FOR the sappot panf aod her children, from
the sct sod tho payment Of counsel
lee Of for the expenses tue reference withou. prejudice
to an apple aticn for sarthsr counsel fec necessary
DECISION.
Samuel ". smiler agt. The Mayor, &c.-Motion
grsn'ed costs, SO, to abide event.
oisEsAL TERn.-Betors Judges ROOSEVELT, DAWES and
CLEREE.
ARSON.
TIE People sgt. Francis Didisu.
The prisoner INDICTED Tor arson IN the hrst de-
h ks sS a Gy .d under D the the
Court upon question Of law, the Jury fodnd the prisoner
sty # rson 10 third degree 10 burning his insured prop
erty with intent to prejudice the Insurance. Company
Judge Inssbam the spPh alton OF Addoa sanford
ne ~ a , b "ppn The .s,T Of ,e
couyeon. The called this day sod the counsel
for the prisoner mace bis motion for ne" Trial upon the fo
Tia. he Court below portion Of the charge d.
er.on.r was guilty barnr insured property ntsns
PIE uds the Insurance Company and the verde: OF the
That the inc esment bad no sverng tbs oHsnie Of
which the prisoner eonsd ana there could be no thai OIL
Thss the oerse contained in the indictment and the Of
which the prisoner convicted were distinct and indsPend
Th. i was well settled rule, tia, every indictment. pu,.
charge the crime with such certainty and Preon that might
THAT wherever statute created osnse and the words Of
The statute were desripye Of H. The indictment should follow
e srgse AID expressly charge the described odense on the
defendant
Thst the statute referred Only different degrees Of Of
nse and that respect simply dee aatoy Of the common
Tas the Legislature corld pass law ard da intend
By this .tstute slovh1 persons 70 be tined for an Infamous
crime, without indictment presentnent Of grand jury
Tn. motion wa opposed By the Dtncs Aorsy upon the
fol owing pon,s:
tbs. the charge "fhs he evidence warranted IT, trey
could find the prisoner guy OF Ia the td degree, with
nsursnce Company Of the lesser
desrees st.uts notwithstanding he only indicted
pt degree ard not~iiAstandas ther. IS no
10 the r dctsnt Inst stslory o1nss 10 express
terms correct seetlon 90 Revised STATUTES vel
in edition. pace ss. tdarlIAl pss~ 71Z -
That Indictment otenss c1nhsng OF dhefss
degree prescribed 10 this chapter, the Jury fnsht ma t9
zuty u the in the degree charged toe
roi, en fud such scus-d guilty OF sny
degree inferior to thai charged IN toe
Of Al sttsmp. commit such sn ofeEs. -, -
The. prisoner having bsen insured 80
oHpctent, because showed motive 70 commit no H. Ne
Cs,i0u reserved 49,. an.
FOr ihs people Mr.. seds~ich ter The Defendant Addison
sa1isIo.
SUPERIOR COURr-rsf.L TrEs-Feb l7.-Beiors J13ss
PIEkREfONT.
AUTHORITY or OFFICERS Oh INSURANCE COMPANIES
TO fsDORsZ AsD TRASsFER IT'S MOTIFS.
William B. scot, sad others JOna.h4a 7. Johnson
This vas one vi the numerous cases now pending in
r,u,ued BY cc~s Of companies without
.utnc ne, Of resolution of the Board Of Direc,or
fhe suir together With Others gilmore
ose6 ndcrsed and deysrvd Predeot
II hs n,sr soes Insurance Company 10 the purss seed
rtty frr icsr OF money.
svp-ec that tbs money sdyanesd TO the psntan good
faith ard bs they bad actual Of the Of resoiu.