New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-01
LAW INTELLIGENCE.
SUPREME CoURT-CH.sBsRs.-Aus. 3.-Betors Js.,lss
SUTHERLAND.

SUPREME cOURT-CH.sBzRs-AUs. 3L-BesoIs J.s,lss
SUTHERLAND.
TIE CLAIM or MsPEDoS AND BAKER FOR WORK FOR
THg RECORD COMMISSION.
Tie People ex rel. McSpedon s Baker ag<. Robert L.
Hsws Controller Of tae Chy.-rnis was the motion TO
conrs the report of the Referee Judge BOnney deed
ing sol 600 to be due Mcspedon & Baker for work
done for the Record Commrsion, ard for meiIdamus
% iss1e to the Controller compelling Linn to pay the
amount o. found due.
The motion Was opposed on the ground that the
Referee bad erred in admitting certain portions Of the
evidence, and is was also claimed that number or
cerlihc es issued to MeSpedon Baker by the Record
Commission bad been assigned as collateral security
and were held by other parties.
The Court rendered q e following decision:
Report confirmed aud manGamus granted for the
payueut to the REALTORS of the amount reported due,
but it is alleged that sone OF the certificates have
been assigned BY the REALTORS coterss otherwe,
aud are now held by other parties who have given
notice of such signment or assignments 70 the Con-
troller the rnandamus must contain condition or pro-
vision that it is not intended to command or compel the
payment 10 the REALTORS OF 90 much or OF such p0ron
Of the amount reported due to the restors as 10 or
may be covered by the assigned certificate without The
written consent OF the said assis nees"
4 SOUTHERN MERCHANT IN TROUBLE.
Hsrri. Aaronson agt. Julius Prsger-Motion 70
vacate an order Of arrest. Plaintiff alleged that IN
February last defendant called upon him, at his store
In this city, and by Of fase Representations OBJ
tanned credit for bill Of goods stating that be bad
store Ht Memphis Tenn. and perfectly solvent De-
f,nuani took the goods Tennessee AID psintaeg
that he Immediately sold the gods al % per cent be-
low cost then abscondng from Tennessee, comios to
this city and seCeting himself intending 10 start for
Europe and defaud his creditors. On this statement
defendant arrested, and held In eustody by the
Sheriff.
The defendant no makes the motion TO vacate the
order OF arrest, producing aihtays TO show that he
had been accustomed 10 deal with plaintiff number
OF years, and h.s circumstances were well known 10
plaintiff and therefore in purchasing his goods be made
special representations TO induce plaintiff 10 sell the
goods and for them be gave al six MONTHS being
the same terms ON which he had heretofore purchased
goods of plaintiff Defendant further seges thai be
returned with tue goods to Memphis and continued 70
do business till the 2lsl OF July. On that day meet
MY was called, and number OF men volunteered Tor
the Confederate army, aud defendant, being
foreigner, ged TO preserve himself from mprs-
onment. few days after he however gave the store
in charge of his clerk, Will. ne, through frena,
obtained pass aed went TO Louisville, KY, ostensi-
bly for the purchass of goods for bis store.
Louisville be wrote here, inquring II IL was safe .or
nm 10 come here az he understood that all parties from
seeded States were arrested here: Receiving siayor-
ALE reply he here, and rcided with bis father.
Defpdant denies that lie had concealed himself or bad
any intention 10 20 10 Europe, and claims tina, he has
assets enough 20 ray all his debts so soon as he can
return TO his business.
Upon the.e papers the Judge dseha yed the order Of
arrest, with slO costs.
John a. Godfreyfor Asronson; Ssmuel BOaiinfn for
Prayer.
William Seton, jr., agt Emily Seton, ct ai.-hepoH
confirmed aud order granted
COURT or COMMON PLEAs-CHx3m.-Are H.
Befors Judze BaADY.
DECISIONS.
Mosssr agt. Corwin.-Cause set down Tor hrss MOE
day In October. ,.,sso
Allen agt. Smie.- Judgment for plaintiff for -.
oao vita interest from tie time VI the comnen
Of the action.
Leroy agt. Larkin.-Order discharged.
qbs People. Sc, AIT. Manly, &c-yIotioA granted:
Film sol Ievylfoiion TO discharge orderof arres'
denied, but bail itisaied to 800; $40 costs to
tit. y..,o s..,.a with SlQ
'V1ts .on ant Jackson Motion that Keiereesm
asis and for leave TO file supplemental BILL granted
COURT or SESSIONS. ,,.t.ru
,rr cor,+ ~ Csneral Sessions commences hs ss..
gonSsy Recorder Hoffman presiding. seYsassoo
ssys y eavy term and the presents 70 ,sassods
70 The general rule bot there are no cases " LUG -
or SPECIAL Importance