New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-02-10
LAW INTELLIGENCE.

tc- GouLD.
IMPORTANT DIcIsIoS-CIrIzEss OF REBELLIoUs
STATES cASsoT SUE IN OUR COURTS.
Thomas c. Bopnesu sgt VIM. B. DiIsniore ct al
The plaintiff sued the defendant ON promnsory
note. Defendant set up that the plaintiff, being
citizen Of South Carolina and an alien enemy, coolo
no, recover Plaintiff demurTed to the answer, OIL
tho ground that defendant, willie be alledged thai
lie (pantii) alien enemy. still admitted the'
he WIS citizen of tue United States. The Judge
overruled the demurrer for the contained III
the following opinion:
GOULD, 1.-The answer in this case Gets up for
defence thst the p.nliH Is alien enemy. Or course
ssIL ..T f,es ls dIien,e I. '1,eo,. BIT ,hs
fats which not make the plaintiff alien enemy bat Oh
sSd in q. respect. entitled TO IN our Hi courts 20, Thu. the
answer sys that ne paind i's citizen Of and resident
sctOa hostility and in open WARMTH the United
To which tue plao'ff Tin sgumeDp epi-. that he hosi
be sin sovereign the whole terIi,ory souh Csrons
included and that State court that tbs cz OF
nth ,solia Trough hs,ng Levied actual against the
Gene 81 Government sr- alien IN. mics
There in which mi reply 10 technically correct
But Ia the in which 10 OuDded the rue thai In
c,.s makes the defense spoken Of solid An enemy is
allowed to enforce ln Our cOnrs) tie election o. any
c.n ss 9a, ntes Sc n ,e Of the
Ccu Court in Moth srolhe in l7sz at would be dan
,sro to .d snd o S' Seee Of from tn
country his would dinus the ability of the former and
pcresi- that # the latter prosecute he war"
TIE whole ground Il excluding public enemy nom our
cours ,xcsiys, Of public policy, aud Whenever pub
c policy would cay tie rule the courts should be bound
his on for the rule applies in fan force and 10 every
parru 10 the ca before lie Court and the plaintiff com
eeiy within the ondoubed spirit o; the proaoiion. whicn
uspcds be remedy. while leaving his clam to remain un'
o,d ish. 10 b- revived and recoversd after tie,
or. sUdel o. hi view based the concession
10y d,mars to tie answer that tue facts are correctly
there further ground for holding the plaintiff within the
res. oahiy tosoe IN car Coui, which interf,d TO De
asserted by this BY oct Of Conges pas,ea July d.
ls6 the Pfesicen Of tie United States sThoFiz 70
Dc by procau,on, eny state ststes IN 10 ur.cto on
% CeI sta,rs" under c-rsio circu.ance', sod
inst Whenever declared, tbereupou all Commercial
intercourse BY aud between II. ane auo TIE CITIZENS thereof
sad citizens of tire OF tire Uuited state, shall G. ase
ani III awful long .uch condition Of hostility sbs!
connnne In of ,hi. act the Predet by prora-
mai dec sd the state OF south Caous TO be tn such
ste Il hosf, ard pesfly stated that al Commercial
in eIcouise wi h ,ha State unlsw ful.
There should 5e no qneson int hs erdaTos 70 eniocs
nereiai i.btse attempt to c.sct the Az is Of p-i1
srril 'r.usaei is-c'me comFei'y ~n the pint
II tb- 1eificti'n aid that uude proper construction 81
this act j. T. ulw'ul e. fJw czen OF thai eOslio1s
State lcsoecialy sle.d 10 be hin" ~ hosty TO the
Z h. demurrer slc uid b. ugied. win costs
MI biichei for pialhti Dawson buni aid Dawson for
defendant.
A STOCK TRANSACTIONS, ASD Row THE MONEY WAS
RAISED.
Dicl.on ss'. The B.ns Of Lawrence County e. al
Plaintiff sues TO ~ shares of the capital
ofth- Hsrr GAsLittt Company Of the rar value o
70 esch which wer, i'sued neruediie August 1856 and
cs.ier ofih- Esnk Of N.oesfe f-nn nov kuoHn the
Bona Lawrence ouhty finnE alleges hat Veg as rr
although souJ IN his had Interest
a. bu nes " for the p,autiDs benefit D-er ants claim
thai the .ook IN fact 0u.ei Nesensel.r. tat Wagon
fond. ofthr bank end them TO the
plain Ia tbs stock inst for THIS money 80
OTHER tr h. cashier Of lie back, lie
u-d the fund. without the knowledge Of tho Directors
$1,000 Defendants claim ihsi NEgcn se.lr slsconiei
IN the Sfrns 1851 taxing ith him amount OF the
bin, OF tie bsns lie tit-rw ard arrested aui o. The
hills recovered tL4 before he 70 he 4. rcd this stock
TO the bank alter obliged to sosp-ni pay
m,ut VI der Al n the Lesture OF Pennsy yslis,
Va. sossnted The Bank Of ST. Lawrence County Gaze
still
Woa. Fullsron snd Mar Goepp for plaintiffs VIM Tracy
and A. J. sndcIpoel fof defendants
CIRcrIT-FYB 8-Be'ore Justice PkcKHAa.
The GREAT TLxAs LAID SUIT.
Simon Nussing ct al. Ch.Iies Stillman ct al
The ,l Of sui, Commenced weeks ago Mr. J.
cspying rbout sI hours. several days consuu'd in
essins doc tsry evidence and on Ffsy the plsn'H
rested th,ir Gaze Mr. for the defense then moved
complaint the ground Of ~ant Of lur.dc on
the Yees the stter to which eIJ T.
mopd- p.ntin. ced reply aid pending lis
the Court adjourned Monday mopi a. IL O'clock
when viii conclude III. tho
lion. In address the Court will be necessary Mr.
Ldmonds aid ia blowing Ar. UCoaoT. TO go Into the ma
The involved In this action
have been the subject uch inve iion indeed having
cupiro hole Of the Judiciary Committees Of
House of OF the sab 35h, aud Joth Con
rs.~s aid aset great public interest The srgunent Of
the Of frontier cies AID towns AID tue rotation
OF accidents OF frontier lie.
= ID VAt n.ns Evn -Haf.~. IN