New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-01

e a. upon mic. 10 ccns,uue and exseSd the njunesos
granted By the cou Ire nh ins restuY the defendant.
es S is IL. Ssw 1sH PuSa & y
H. Or do s % o. IT, ss saS nss ~
ses gs:ss; ,s a. r, a.. a.,.s,.p,
10 vSse much Of The Judgment rndcrd In The re
,,roins en from laying down railroad In Greenwich aud
Tbs ground upon which the desnd.us cia ,ha. motion
should be vacated H. that The orgnsl right under which the do
and nsiss The nn1 rs.ouom 3, he Commou cous
ell ofNewYok wh the Court held be rsucient but thr
the Leia,ne Ia. bes pasd curing al defect. in their right
nnde The resolution Of The Common Council question. Of
aFnoent Of the Seventh before Justice Leonard
defeodsnts =
MOTION TO SIT ASIDE CONFESSION oY JUDGMENT.
Edgar Reed Assignee Of Geo. D. 0ordon s Jss L. Porter
lhs was an action brought by the plaintiff agains.
,he defendant 70 set aSe for the
~ made ~ The said George Gordon in favor Of ssid
loer on the zd day of Jnse 1860 under which ,dament
Pear ee IN i..o e and the pTCsy Of II. 'Se No. ~
ssid execution
Iappears from the plaintiffs papers In till, case that lii. de-
ienaaat be wa nsolyeas owned the aid o
Il. iesn street IN the early part OF the yesr 1859 but the bust
y Smith On the LIST August 1889 Porter formed an arrange
TI WIN young man by the name Of Georgc Z. Gordon b
upon the sign and taking down he sgn with s name upoa
snd '.us continued the busnc Porter giving the principal
ne ,tye Of ths firm being thus arranged they purcha Is
alleged 10 the name Of O. B. Gordon ON Thsss so o.
"a pIIos o. them were sent 10 house IN 81, Lonis and
~ houisVIe In both Of which, Il alleged said Porter
went into the hands Of Porter who failed 70 apply the same 10
OF notes for the OF said good
y sao Gordon thereapon, the concern Pearl street being
about to fall induced Gordon confess the judgment sboys
named and ALSO TO give Porter for over ON ana 10 .
~ - '0 WI"
The plaintiff nsi.ed that was the rsu party who e.b
shed and managed the concern and tina. the OF judg
ntnf was therefore void against the creditors That az
per Of Western houes hes largely indebted the concern
heis In this city The material allegations on the pst Of ta
plaintiff denied by the defendant but sayi,s oorr,
the character for truth and both Of the defendant ana
one AonsI W. Spoone alleged confederate of Porter,s
tbis city. 'e ia
This wss motion 10 dssolyr an Injunction obtained
by the plaintiff 10 prevent the sherif from paving over
oneys con+eted under the sid Judgment until the final
TIE plaintiffs counsel ofered certain ajdsvits
winch were entitled In different cause which sisted facts
10 zee issne IL objected by defendants
on me ground that those adays having been used in
vous caue and not having been reaned 70 in his
ceus conh not be used that they had performed their ofccn
prs.io esue and wers worthless 20 thA The Court
ruled the aitdave sdmable The defendant asues
chsrfes snd obligations Decision reserved.
Abfam " akeuan FOR plaintiff A. X. Dye. for defendant
DECISIONS.
Robert w. Milbdnk aqt. Isaac H. Mlbank et al -
Motion denied without costs and without prejudice onews
ihereofby X w. Milbhnk by James McBI by them
jointly. .
In re Mechanics Fire Insurance Co.-Motion grant
Before Justice LEONARD.
Marin Jarvis agt. James Wilkinson.-Case settled
Before Justice ISsRAEAx
Ire New-York and New-IIayen Railroad COMPANY
a Robert Schuyler &cIt IL too late ser judgment l.
tered TO move for allowance The amount the defendant
could have event. Il smell and Advisable 20 open
tbe JUDGMENT on that account. Motion denied
John d. Phillips ct al. agt Russell Benedict ct al
Motion to vscate ORDER Of arrest denied with 30 costs