New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-05-21
SUPREME COURT-GEyERAL TERN-Mar 2o-Bs!ors
Justices INGRAHAM, LEONARD. and RossKRASG
THE HACKLEY CASE.

Justices IsGRAHAn, LEONARD. and RosSkhASs
THE HACKLEY CASE.
Dsvis syt Hsckley ct al. >,
This was an appeal from the order AZ SPeciai
Term appointing Receiver to receive the moneys due on
account Of the streetcesnng contract between MI
Mr. James, who at Special Term, represented MI D'yi..
Davis had disposed Of his Interest and IS he had received no
n.ue tons, lie would net oppose the present appeal
the order at Special Term, which accordinsy granted
Observation-Disclosures LAWYER IL TROUBLE.
David Leayitt receiver, egt. New-lork Dry DOCK
COMPANY ct al-Motion to dismss appeal granted
Caroline Donaldson sst- Alsnson Nash. =
This was all appeal from an order OF Judge outher-
land The be that In 1889 Mr. Nash was prose-
cn.pg az scton in he supreme Court the of fsdk
Ritter ag Tho Hudson River Railroad Co suit wss
Esi on proms.ory note Nasn represented ,ha.
ne held sigumeI: Of Ritter, interest in he 'st ;g'ns
the Hudson River Rshoed Company, in which Nash was
cOun. and be executed to Miss Donaldson ,orsase on n:
a.ssnmen, from Ritter ss security for her rdsment .ssint
him lNash Subsequently judgment OF 100 wa reeov.
cred on Rt,ers Claim sssn.t the Railroad Company snd
ssa paid S:i D'a'Sn , s the 5ss oss. E Cf THY
Court that Nash attorney Of the Court be directed TO pay
balance be required to show cause why his nne snosd
not be stricken from the roll Of attorneys -,
Judge Sutherland denied the application on the ground 'has
the relation OF atio and client did not exist between he
On hi. motion Mr. sanIsy for the appellant Insisted that
til: TsoI s Sro ss Rs claim. for ns. and for
Miss Donadson and tina. that relation did not exist thete
was evidence Of fraudaeut intent the part OF MT Nah
and The Court wss bOuLd punish any ms5eI Of the Bar
guilty of fraudulent sets even they were committed OUTSIDE
he In.
in the fact that Nash now confessed that he never held legal
from Ritter 1883 he had represented 70 Miss
R@a s.ri IN s S.. oee who i. Rter
wife, and Nash did it, although he so stated TO Miss
M Boise for respondent claimed that Nash was in igno'
Of the previous assignment to hnf and ms, d; MOTT
which never existed 1t not having been entered up and on
which, OF tho security could not De COLLECTED iDs
the relation of attorney and client did not exist and that the
could not be because dbged the statute
of limitations. Decision reserved.
cHAxBERs-MAI 2D--Befors Justice BARS.no
DECISIONS.
John Alexander agt. LOUIS j. Belloni ct al; John
Taylor .s. Henry +. Hsnmil. Nous denied r..
WI Tn b. Si'. s =. .s Ssshan
B. Ksiu .s. s.pus Z. Frint-MotOn denied SO COSTS
Henry Lessr ss NJ B. Gresnly ct a.; E. Delsasld .st n
C Plat ct .. T. Mitchell .. a. .ss Nicholas oascksn0a'a
ct al.-Motions for judgment granted
Frsdk Mailer .st British Commercial Life Insurance Com
granted disI..ng cSmPlss With i io, vii,
VIM HocsIe sgt Ch,s E. Eser-Mo;i0n denied $40 cO.s;
SPECIAL TrRx-MAr 7o.-Betore Justice wELLrs.
INTERESTING QUESTION AS TO CHURCH PROPERTY.
The Wardens and vesry Of st. yaness Church sgt tho
Rector, Church.Waden' and 'estry Of the Church Of
This action IS brought by St. Janes's Church to
set aside grant made by them to the Church Of the Re-
deemer Of lots of land street and one on
SnssI ss e.vs Of the Supreme Court upon
the parties then aud after hearing counsel
siIst the eppears tne
ST. James, who then opposed the grant TOOK an appeal rom
the decision Of Judge Mitchell. which appeal was nnay
abandoned The fee Of the property in dpute IL valued
SGOO but there leases upon the property low rents
which three years 10 thai the present rental
OF the property Is 9 100 snly
ST. James, Church originally possessed four lots The i've
Affected by the present OF 10 the Church OF thu
RedeemeI the building Of that Church 81 Jsness on
Hamilton square, in sparsey quarter OF the CITY.
The Church the Redcener Is in the heart Of forAyes
which wss as appears even IN 1885, thriving village.
The testimony Of the Rev DR. Chsuncey, rector OF 81
was taken testified to the circumstances under
which the grant made He understood that he was be
rector of both parishes with assistant minister TO aid hun
te church grew stronger and did not take sctivs part in
OF the Church the Redeeme and ocated rector Of
both churches for short time He then received letter
from tho ves,ry tho Redcemef suggesting TO him that
TO have rector for each Of the churches snd
requesting him choice OF the church which 10
would prefer be settled AFTER receiving this letter he Sc
ected ST. Jsuess Church and dissolved his connection WITH
the Church Of the Redeemer. . ,,
The testimony Of John III. Riker, esq, and M william
Geery what transpred st various meetings 81 the se'y
OF both churches, also taken on behalf OF pantns
great number Of Witnesses have been examined duH the
pa.s days TO the circumstances attending the %
the organization Of the Church Of the Redecmer claimed
ON behalf Of the plaintiffs that the OF the eohso'
CATION Of st. James obtained BY the yetes o.
authorized Ia several instances The deedAn
moved for non suit which decision reserved on the
ground that In q OF such magnitude ana ineacy
inexpsdent to make such dpos ton Of the case ~
and the defendants introducing testimony On 'Hs
part. Gaze still ,.,n,s..
T. Pattison and Benjamin Vaughan Abbott for the osens
ants.
corRT OF COMMON PLEAS-SPEciAL TEsn.-MAr w.