New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-11
Nstpalork Qailp Gribn,fe
LAW INTELLIGENCE
s,-pppaE CoURT-CHAxBKRs- 10. Before Justice


s,rpppaE COURT-CHANBERs - ArG. 10. Before Justice
. .'eA H.~ SUTHERLAND. BE-.
DECIsI IONS.
Jane Norton, Administrative, &c, agt. Alfred A.
Durham -order TO show cause why receiver should not
josephine Conner sgt. Francis w. Conner.-Report
Of referee confirmed and Judgment Of divorce granted
George ID. Sergeant agt. Joseph l.. White ct al
t.wo csses) Motion granted with $40 costs
Caroline Villier ast Joseph villier.-Modon for
for divorce. Referee ordered take proof Of facts
James Cooley agt. Francis ID. Huntington. Motion
for allowance on part OF defendant after default against
plaintiff The issues in this action had been referred to the Hon
si hf f and Judge Sss
made change the referee ard change Of the reference
ssS 70 % Mr. Abbott took liz De-
Since the notice Of the present motion plaintiffs
claimed 20 the default and have defendant
the application for an allowance upon payment Of costs Of re-
ference before Judge Peabody and $50 costs OF opposing this
John T. Doyle for plaintiff; Benjamin " Abbot. for de-
90. THE JAPANESE ENTERTAINMENT BILL.
In this case in which Ex-Attorney General Chatfeld
has given notice that win apply for order restraining
Mayor and Common Council from acting, and the Controller
from paying the s1O for the entertainment Of the Japanese
UNDERWOOD that hearing win be had Tuesday next the
18th for which day the has been set down
r SPECIAL TERx-Aug lo.-Before Justice SUTHERLAND.
RESPONSIBILITY or THE SHERIFF FOR THE DEBT,
WHERE THERE is An ESCAPE FROM FINAL PROCESS.
George Barnes ct al agt James c. Wilet Sheriff, &c.
SUTHERLAND, 1.-THE statute q Rev. Stat. 437,
o 6s gave action of debt inst the Sheriff for
shall Snsweabe O the debt damages Of money,
which the prisoner was committee ,.,-,,,
BesoIe The Code IL the action for the escape was debt the
plaintiff limited in his by the words Of the
sstut. TO the amount OF the original judgment
The lie tfs s % & the the poner as0y h
the action for debt the sheriff could not as defense
ery the prisoner Of other circumstance show that
P I d sS s S's an nG a.a the the
the sustained by hum which might be les, than
dis circumstances show that the plaintiff had lost nothing
1ma %sS9 S' Do Brown
Tie Code Coy has abolished the form Of the action Of debt
but abolished repealed the provision Of the statute
before referred TO- giving the party at whose suit the prisoner
Iespctys Of the question Of the actual right or damage
TIE sRoS o1 81 or Of te sbea Code
q 46s4Tl Hutchinson Brand Seldom, 2os The Cod.
bv be Code bS he fact nave
the t te1 GS SEQ sT
dsS, ono Of jacob Cohen Of the judgment
eeSsS 1he s that eapon the d9me ens
wholly unpaid the defendant in this action Sheriff &C. be-
Of said Judgment and claim that with
Although the code dec not e his an action Of debt and Per
that the plaintiffs rest their right 70 the precise amount
and that should OOk the action the
statute I ther debt the ana not as an action at com
e the SSdS q 0% o. the aeqn OF de S
th under the statute and il they have this night how
can thew state their action under the code otherwise
than by stating which show their night to under
the statute by claiming precisely what the statute
hstborizes then 10 Tecoyerl -.
think plain that this action shond be looked upon as an
bsndpe the Of the forms Of action by the code,
had not right defense thereto the mat ers set up
Sh 9Th and part Of the 10th foo' OF bis answer as
second defense ,,,,
N Is pan too think that the matters set by the defend
ant in H. answer az third defense constitute defense
How tire Sheriff action for escape protect himself
from The consequences Of bis wrongful act neglect by
setting up the wrongs which the escaped have su
fred Of the hands OF his creditors Ames ag Web
hers 3 Wepd 545; Bacon Cropsey Sed l95 Even
Cohen the defendant in the original suit could not have ayd
that other action pending IN Georgia
fothe same Of action by pleading 1t in bar walsh ag
DuIkin IL john 90; Brown agt jay John Pill Moreover
Cohen surrendered by his bail in Georgia,
asr hs escape from the defendant and after this action
commenced =, .,
pant demuers the matters state in the by
WAY OF second and third deence must be sustained and those
,aTys Of the answer must be oyerrued with costs.
Mathews Plaintiffs; A. J. Nanderpoo for Defendants