New-York daily tribune., 1861-08-16
UNITED STATES COMMISSIONERS OFFICE--Aue. 49,
7 Rsfore Can ssogcr STILwELL.

Ndkti are lib sufeieS.
UNITED STATES COMMISSIONERS oFFrcE-Aue. IS
Before Commissioner STiLwELL
ASSAULT AND BATTERY.
warrant has been issied for the arrest OF cooper
naued Tracy, charged with assanting bonded ware,
hogse keeper, in charge Of the warehouse Noe % ana
35 Water street. Tracy was employed IN the ware
house and refused TO leave when required to do 81 oy
tie keeper who then sttem. ted to put him olt when
as alleged Tracy assaulted hin.
SUPREME coURT-caAxsgss-A Ave. l5-Before Justice
NGKAHAs. 20. rrI
ALLEGED FRAuD TO oBrAty A RECRUIT.
Ephenus Devoe WA brought iute Court by an onicer
of the receiyng-shiP North Caroina N answer 70
writ granted at the request Of Mrs Ellie Devoe, his
mother alleping that he WIS Illegally tsraheh Oh nls
liberty. The return set M that the boy nas pteh e
lifted wi the cOIlseut of the mother, VIII a eouehs
was attached TO printed iorm. Ibe conhtei lor tno
mo,her raid the consent had been obtained by frnud
sud that sin e that tLe mother, who was - years 0
age had become deranged. The Judge tai, ue couia
not 20 behind the consent, unless maud on e part OF
the GoveInmsnt wac pyoven. Connsei asked tinis 10
produce vr5of and the was adjourned until En-
day morning
Wm Scott agt. Leonide 5. de Agreda, ct etal-Mo'ion
Frank L. Judd agt James Z. Ayres-Motion grant,
ed with $40 costs.
Cooper f. Corbitt agt. d. L. Aldich, ct sl.-Motion
denied deiendant's COS, 10 al ide event.
Louis Gueke agt. John Mcdonald, receiver &c
Alexa1dsr Duncan ct nj agt Isaac II. Burch ct al
Referred to II. e. Beanlish TO compute amount,
dues. &c. -.
Cooper T. Corbett agt. Amos r. Enos ct al-Motion
granted, with go costs.
Tbos. Z. Read ct al sgt Roswell G.. Pierce-Rcfer-
enee dered to r. g. Beamish, esq., to appoint re-
Eh.hs RHcknan at. Henry W. ward.-Dismissed
| with 5 % costs.
EEel A. Alarshal agt. Staten Island Railroad Com
| Iany.-Motion granted, aud reference oriered 10
fa "a sull
| for receiy er, ard take neCessary security.
Newell T.. Sal at. n. L. Demarest ct al.-Motion
| granted, with $40 Gotta.
| Before Jos.ics LyosARp.
| EVIDENCE oY IsTESTIos.
Parrga sgt Msp-s.
In tits case Justice Leonard has rendered the follow
ing Opinion: The intention OF person is not known
| with certainty 20 any one but the party hilns' IL
ha be- docs and savs il evidence arainst him, while
whatever bo may 90 say can only be received vi
crsu .erctny oeTrd "a his iavsr cay Is 1t to
,sy 0, what the pa ~ wish 81 have believed
to ain usors earef4i criticism aud scrutiny.
I .y ,9 hey. 80 1 1 Il, e ss ' I ssds is', to ' t h
pe.cn the niSs, ma! eease @ a. ,s' ,s r ns
| there ever e,i,tel the slssed iotenti
Tbs o the deepisi WI a. vbt be hs aid :. dher
to spd became sresdhi o New fof which have heen prov
sssra hil sfe even ops.r 70 g',ss.S M 20 o
VII b. fer 10 b. oSn behif 20 Ioe ihl ~ hs removed
III own drcfsrs n a, 10 a. ineut ,han regard Of le
~tst because formed 20 su L Interest on ihe sdve
u ,rt ts .varres to establish ehspse 81 rcsicrcs
esns 1he proof onsTed has thee h's so1 o0t
The IN aeu is dsrisa With 40 cost, OF Oppo..nr.
| DIsoFEDFEECE or IsJuscfGOV.
Galway sst gte o. : s'ea,n sisar Rehnios p.ny a.
! OPISGOs ny Ma JUsTIcE LEoNARD.--l he deiend-
The r.s hsS soon IN f.,ioa 20 tie e5l n1,ne Of the
inunot Esd been beard saf doosed ~ler.y a. .hey '-d
ad,msbI theiT demssdi ais ihg nt sshe sn
sufaf Reh Ing Company suie TO he ns deee Of The Court
Hos' siiSsush ihi. modification only rel 70 those credit
tos hose ard BY The Court other creditors might
ave Inferred non ihe terms IN which TIE 'ci.ioa
the moeesn related 9 thrn alo The PTinet
tu, wss Tsqg,e ev'y eredi,ofi obai on,
no inuneion particularly to hsys bis
ec " decree Of the Court In this Eeiion 90 e ec
which shoad ven to II Hen uPen The lands Of The Com
TR,r, .e'bniesl yio.sa o, ,hs iIugeian ba, II soa
Ienac viii be inflicted hey sonPJ WIN tns ~. on
plaintiff atonsy ths the judgment feooyefed 5y shen
,ha be aid remain subject to the tna d,ol'e = y q Court 70
Co.rny cns the injunction odeI its se'ice on them the
dools he ndneit violation of the aiurc ion And
efx ais thi. oIdr SacA stipulation - lie approved by
Ju.il. on h CSurt sner sryice copy with dy'
dcs 81 mont; and 70 be delivered b. hse d and pay 9lo
Unls., ,hey comply With these conditions The judSnen, i'
Va us' issuc to iO; tie Contempt
| baiable Ia sloc0. With 10 costs
| ATTIsT,TIos OF ACTS OF IscoRPoRATios, DC.
E'0sb thpon Manu-. etuIing Comp.ny ss'; ospIoslL
| OPINION N Mn. JUsrfCg LEOSAnD.-l. The demur-
fvoous The act OF incorporation Ia no. properly at.
tested and esHnst be rssd A., s,.,.....u
|
authenticated hy hayif s OF their I've states
sHIed hsreic. q L. United States. i2, Sec cOwen
Tie .dl,i,s Of psns do however prove the existence
OF the corporation that IL enggsd in busioet The de-
bdt we're called upon TO sho" Why the pinh' wers not
T1s psnss adavi, not being conadie,ed, satisfactorily
R .nth ri,y oi The People W Mccunbsr r. p. 3l5),
g. Sufficient striking out these dens under such crcur
Ths complaint rded Is the pleading which before
hs and not ihe orsrs one reference to The oslnsi
tel unless there other circumstances
20 have been .mendsd were not the result Of mistake
Tho amendment Of pleading so OF the
dsr ,na ns & o.. ~ oee m', M ,a, b fny or IooS
ngy made fse statement In the pleading 80 amended Tie
fIst and second answers are stricken out as false
The third aud fourth olous and In respect 10
them gment b granted to tie plaintiffs on that account
s.e IN ,bs SS and ouh and they are iacons
teE with the tenor Of the note, aes'oaed m the compliant
ndsnes = heeos % Ss se o acea Of %
Eoonsners thereof ard the hrs and tecoud Ne tk
false with 10 costs Of this motion to the Ian1h
James W Culver io tis plaintiffs. A. c. NJ Pennington for
the defendant. -.t
| oPESING sEvEYTY-sIXTH STREET, PROM EIGHTH
| AvESUE TO THE HUDSON RIVER.
In this case as has been stated, the report OF the
Couu.soner coadrmed by Jadgs Leonard Juiy ~ AT
the for confirmation motion TO- sresxa
ton of the costs tbe total OF which about % oOO was
mlde aud the tao heard together The s moon now
ever has yet been decided and Mesrs Thomas Powers
and Jas O. King with others having appealed ro the orleI
report Judge Leonard granted 'ay Of proceed
ber. I s nsd fnss @ the Z, spp. wa. hs
been moved behalf OF TIE Corporation 10 saes'o te stay,
Justice nrshAm has gained ths p''on' IN n' 0r'n'h h'
Either proceeding competent e the Judge q specid
10, how the sxation be reviewed amer cont
Of 81, report Tie costs and ,sa sapIh hs &c. n. Of the
and said assessment has been cont ana ne sount on
sI. II, ns %r b. pay
damages than the law allows Th. sh td appeal "a tae.e