New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-18


net be discontinued founded y Of the nomius plain
a Motion rested tn ground that the soft n brought n the
plaintiff for the benefit OF his Licensees the Union lndiA
TSIsos J~Held that suit at law to protect the exclusive
pS the 81 IN es eehn IL ' aD
s,'D su st ne law Of By The Pe act not important
claim indemnity against defendant Motion denied with
COLLISION.
Peter Grant ct al att Ship Hermann.
This is libel in Admiralty for collision between
bark Reindeer and ship Hermann the night Of the Path Of
Nelson C. j. holds that the fault the Hermann is obvious
and the only difficulty Is The question Of damages Ths
deducted Decree below affirmed deductng s27, with in
terest.
OTHER DECISIONS.
r. Sturges sgt. Steamboat X. L. Mavbey.-ltem for
damsge So struck out and decree for 81 l62 20
emed costs be allowed appeal to neither party as against
William Dodge ct al, agt. j. Stewart ct al.-We
agree with the Court below in dsngt the libel and affirm the
decree.
SUPREME CoURT-CHsxBERs- Aus. II. Before Justice
SUTHERLAND.
THE GREAT TEXAS LAND coSsPIRAcIEs-A BRANCH OF
THE wATROUs IMPEACHMENT CASE,
Simon and Jacob Mussina agt. Charles Stiman ct al
This was an application of plaintiffs to vacate the
order granted them for commissions and the stay Ct proceedings
therein the that they had examined
of the defendants in this city, whose DISPOSITIONS
alone they prepared to go 10 trial and that there no de-
H. C. Lsrdner ESQ., plaintiffs, stated their at length
aud circumstance which proceedings founded
He stated that in the Summer 1888 the defendants stsn
and Beden and plaintiff Jacob Mussn formed an Of
Joint adventure purchase the present site of the Of
brownsville and the Fort property then occupied by the
United States Government continuous to it, and to lay out
lots and sell hem speculation that the 9th OF
December 1g the parties reduced the agreement t. wiring
thst by that agreement Stnan was TO have two parts interest
Bedep and Musns each part seventeen months
these parties conducted her enterprise harmonousy Base
Hord acting the aorne' and agen' that the 18th of De-
Base Hod without notice to Muna and without provision
for the protection Of his interests; that Bssse Hord after the
purchase denied Mussines Iilh and refused to account as
agents and attorneys TO him for his Interest," that subsequently
Musns finding Belden Base Hord and one VIM Aing who
beneficiary in the transfer OF the 4h Of December 1882
within the jurisdiction of the Supreme Court OF Louisiana
broueh his action sganst them there for the recovery OF m
terest that the there tried by jury and verdict
rendered for plaintiffs in this action for s2gOO that
they appeared the judgment reversed the ground
Of want Of jurisdiction there the Court understood 70
marx that they clearly mao s15 e
native" requiring defendants to make title to the huntsville
CONT denied that had no Jurisdiction over lands situated
other State the plaintiffs into the State of York aud
this branch damages for being Invested OF their title and
accounting Mr. Gardiner then proceeded 70 show by
obtained month"; time, repeated applications to the
Cos alleged purpose Of putting 1 an snier nun
their sdayits which they used to obtain there extensions Of
m aT5ps ey n. sied 'nit at s That wa put ia
bad faith, and only for delay ard in support Of this
to put in solely the statement
that they wsrs % ing az h. Sp pa ssS
engaged The preparation Of and support Of this Mr. c.
read from the defendants oounses affidavit made appica
in considerable haste after the oyerung Of the demurrer"
This Mr. Gardiner insisted disclosed the fact that when the de-
PENDANTS counsel swearing that he preparing his
and getting extension Of time On that ne wa.
ed by Judge Davies IN an elaborate opinion in 9Th Abbott
that the overriding Of the demurrer snda delay Of seven
put in their answer verified by Alfred De erOO. who Mr. @.
The parties defendants that on the I'D October 1883 defendants
applied for and obtained order for commission that direct and
perempony served on defendants and
al. h,fE ahrnarx hec
to their destinations that the st OF Ar defendants couns.
obtained permiss to join IN me commissions and served ms
that psnfs then obtained In part from the County Judge oil
Richmond various extensions embracing l3 days In which to
serve redirect ineogatoes at the expiration Of which time
r said they did not them nor obtain additional
time that in jane 1850 pending their ppicon for extension
OF time to serve their redirect neogtoie den ians counsel
requested loan Of Plaintiff commissions from plaintiffs attor
on b asb Of December 1853 that pnt attorney
sent them to defendants counsel for the specific purpose Of get
counsel Fetal ed the papers until May 1860 and pntlf
could get them before sad when they were retn
but Ire signatures erased the commissions not n
condition be out In conc on Nh T. insisted thst de-
bad defense the merits and that their every sP
In the suit up this time was to delay that plaintiffs
counsel having obtained possession Of PLAINTIFF eGm%s' n.
specific purpose Of getting to the Of ie IN
them for sr months plaintiffs were now 70 move 20
their commission satisfied that the only object the
Lot Cak ESQ in reply repudi.ted allegations Of bad
t the part Of defendants and read adyis 70 sho IN
70 defense he represented the fact that his clients wee all non
rerdets mostly residing and doing business IN IeI and hse
all tines thst the delay in preparing the answer "as who
by his cen absences that counsel for defendants ha
In fact bten compelled cope almost entirely In the DARK IN
all these proceeding whereas painnhs Counsel hd pshs
always at his elbow one OF them tsimon himself ~ I'm
thine Else to do but ptpae papers Tor his snd That
&c the Pe.eot pP alton Of srH' was GRANTED ne %6a
carried o and thu Necessary new commissions granted THIS
DE d. ed Ike effort to leave defendants without he
stinony by di-song the commissions 10 which they ma
ned As 70 missing commissions AID ierogatone, he
denied they had been In his SECESSION and ar
gued that there was little ah IN such 20 oe IA s
ospu Of boys no said to have delivered and received
the pep Indeed when he found the papers were lost ne i
ndsn attorney have the old mmii'n. replaced oY new
sd have copies the ID es nst my
replaced SCI aud he did not receive t,em uh PEG
q 1879 for the purpose signing them that he had been pressed
oery called Albany on Quarantine mater leaWn insuc
the sto,uey TO sn aud return the Per IN the con
thew re not returned Fetruar tina in February he
yersed with ps % attorney Mr. Gardiner who had been sub
uted Mr. about the cOmnissts aud requested
said attorney to let hin lar tn'w whether ne henaea 20
nd heu out a he DID DOT would nd b
had had me 10 look nio the matter opt sou auu
let hm aI no" wnen ne dd s aOI no were erased
now this account Mr. Clark said ne was csea upon
submit the bsndnnent OF the comnisslon and 70 nave w
D Of the cause precpts-d upon u, without the material
eyid wurh The commissions we're necessary y ootAh eN
denee poig over series Of year and emba ing Numerous
records place.. that it looked very ueh IKE lp
slTung defendants the same as pa pen id ,hir
Judgment there Therefore, on the HPpncatoh OF pam
tfs 10 vscate these commissions In which the defendants
had Joined there was alternative et de0dsu but to apply
commissions themselves Mr. Cak also ca lea ue ~
tenion Of Court the fact las he sted thai tue hdss
Of plainf what PRED OF Tour years as
covenants correspondence service Of Pape and %
time and counties register all sworn 70 Oy tus
psnhs personally and his attorneys made no ahdaVt tnA
arbed extracts otbe correspondence set otn onhs
dates and other parts letters to explain these parts
al forth In the hdavts that the preparation OF the aea
Mr C. decared) cru inal neglect In the suppression
eet fact the Of the foundation OF TINS case at
Baden and Stman Dec H. si9 sold the entire properly 70
Base Hord Mr. C. said they only sold out Their owl
and the statement that Ali bench .ary IA Ia, sa
also denied A. the judgment In Louisiana that MI ~ 70
marked az set aside the ground that there were
merits shown ~ the plaintiffs, well ~ on tue gounS
of want Of Jurisdiction That su was brought by the H.
ne 49, iln dcfendnnts We only temporarily seloarnng IN