New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-04

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This il an action TO recover damage Tor IRON
brother the Office Of the Company and tickets
for hetpehn about p miles from dSa r o. ks pSis men
toned that would have to stop at Newark wIeuPop te
the iica rendered to by the plaintiff The Conductor IN
sisted his fare 10 Newark and on petlhs trh u Peg h
elected him by force from toe about mile aud half ron
On the part the defense ia claimed that the plaintiff wss
In the wrong the train he should h.e ekeh oio not ave
until forty minutes after the train in which the plaintiff took pas
taking testimony counsel proceeded up George
Bowman for plaintiff Edgar s. Van Wrinkle for defendants
SUPREME CoURT-CHANBEns.-Dec. 3.-BefOre Justice
SUTHERLAND.
syorBER APPLICATION A STAY OF PROCEEDINGS IN THS
CASE OF BILLY NULLIGAs.
The People Sc. sgt. William Muigsn.
Mr. James T. Brady, on behalfof William mulEgan,
presented the papers this the Court and stated that he
would spuy Tor stay proceedings the judgment against
the accused The Dre: Attorney present The Judge
took the papers agreed hear tie motion Wednesday
Before Justice BossET
DECISIONS.
In re 81. Thomas's Church. in the Cityof New York.
" Before Justice HoGEBooM.
Alkaline Levy egt. Morris Leyy.-Report confirmed,
and divorce granted Custody Of children awarded 10 plaintiff
Sowayes Of 40 week granted commencement Of sli.
her support and aony and also awarding costs Of the action
in favor OF pGHffRc 1gil. Justice Mr11y
ALLEGED FRAUDULENT JUDGhEsT-NohSUfT
Jose Fraschieris sgt. David ~ Henrques
The plaintiff seeks in this suit to 3et aside certain At
uagu S p deoPSa5 was dealer ia the ssme articles IN this
civ On tn 10th of August 1851 the plaintiff shipped guam
ty OF goods defendant. amounting In value 10 $50 IT,
e goods sg' ABOUT SSn s s bat no 5
On the 18Th OF September defendant failed but The plain
;udgmsnts 20 large amounts bu; fact the plaintiff
e4aed with view diaueng him he studiogsy concealed
major portion the Sheriff who had levied them
IN ursuance these judgments The cigar offered Tor
sale An attempt made 10 stop the sle oy the agent Of ne
plaintiff in city who claimed that the cigars being ~ the
e was Sin in the plaintiff and the defendant could not there
assigD any claim 20 them upon which Wptts ne then
The sale poceeded goods plainf claimed being brought
in BY ties Getting for one q the jndsmen s'cd.SIs Inc
September 1884, interval Of three minutes epsins between
The FIRST Judgment was however given early July and
was defendants brotheT law for 513 g. The
ss01 6 ~ S 9 IN sut 70 ae The 5 w his eHaS
r Esther Henrqacs Tor s6s ie Another vas confessed
Europe The balance Of the property assigned
slrd but Gl under the assignment The plaintiff claims that
all these judgments rauduleny corfes.ed and made
vent The acsndans creditors fioni reaching it,
defendant Heque claims that the goods regularly
es and actually removed IGO5 failure. He
Claimed that the judgments were bona eide that
tons is.aed upon them levied upon property denied al
intent ofaud The defendant wlet that he took the
On Fiiday the defendants moved dismiss the complaint
the ground that there no evidence to go to the Jury on
the question the PLAINTIFF ownership Of the goods to
the question he alleged fraud the defendants The
uent on the motion occupied the entire day. -
This morning the Court decided 10 grant the motion aud held
plaintiff shown TO be tue owner and yencer OF the
plaintiff had lost by delivery Of part Of the GOODS aud
although question Of fraud which should properly
70 the jury still there had been drafts drawn against the de
udan Of this cargo although not drawn against
this specially end negotiated which at the time OF the de-
ad made BIZ plaintiff the defendant for the deliver
the goods previous the trial had not been produced BY the
plaintiff could
and the complaint should be dismissed: go. go
motion Of plaintiffs Counsel the Judge ordered that the
Judgment be speDdod and the questions Of law BE- disposed
mat and the be heard in the hs instance by the General
Exudge Pie.repont Beebe Dean and DOnohue fer plaintiff
Field and SIyer for defendant henriques Brown, Hal and
MRS. FORREST IN COURT.
August HeEriot ct al ssssnses Of Beck Co., 49, 0SA"
Ths was a suit to recover payment on note of
A - made In 1882 by the defendant The purohs was
ads by the defendant o. the time she in ID ssion with
MI Forrest The note for purchase given by her sub
ouen tho divorce The plaintiff proved the Pnrcnase
that the note was given without legal consideration, be
the husband Of the be, aeSs The &c Cu rune e N
with the view counsel and dismissed toe complaint The
psa U ss:s sy S sS
judah aid Diekeron foE plaintiffs asb5ath or deienda
SPECIAL TKRa.-before Justice BoSsRy.
DECISIONS.
The Rector, &C., Of Trinity Church agt. Isrel Cook.
Judgment plaintiff demurrer with leave 10 deierdant to
Susan l.. Ward AIT. Thomas W. Ward.-Judgment
or plaintiff granting divorce and t prayed for according TO
complaint - , !.
Mary O. Brewer, &e., agt. the Marine Bank OF
Georg-Judgnent tina. the plaintiffs arr liable their &c
cepsoc the drn between them and h1nn The drsEe
end between them and the Marine Bank Of Geoyz 70 the
OF 33r e. With Interest nom sd JsiiIsry 1860 ana
tina, beyond add eoant ko plaintiffs not liable &c Thai
the American Exchange Bank l. equiaby bound 70 apply
the moneys n s possession standing to the credit Of
the Marine Bank the OF The bssnce which viii
main due on the said acceptance Of 500 That the dsndsn
M American Exchange Bank l. entitled 10 IRON the
plaiuf OF said aoceptanoe Of 800 the Of 80 e.
With interest Jan % 1870 Ts; ths udssts the Amer
Ian Exchange Bank sd ths Marine Bank ot Georg each
enhLed ts.ye OF the plaintiffs tsT coss ~ this sedon
SUPERIOR COURT-GRSERAL TEEs-Dec- a-Beeoro
Justioes BOswoRTH, HoFynAs. and RoBRETsos.
Thomas Rigney ct al. agt. Charles Slavery ct al.
FzY Ward Washington Insurance Co Joseph Agate
an. james n. Acknowledgements affirmed wih oosts By DE-
fault.
sYYciu TYRN-D,c- 3-Before Justice BoswoRrTt.
Butterworth, Rec'r., agt Pecare.-Case and eAeeY-
GoDs settled
COURT OF COMMON PLEAa--SPXcI,L TRN-D-c- j
Before Judge DAILY.
DECISIONS.
Martin agt. The Mayor &c.; Valentine ogt The
seIei Gilmore AZ TIE ssnei hussn NJ. The ssnoS--sos
opinions ~,
Brush sgt. The Mayor &c; Kelly agt. The same;