, 1863-12-28
LAW IATELllGEhCE.
4 Case Of Fraud Disposed Of, and one Of Par
jury Instituted.
Record of Cases In tho Superior
Court, DC.

SUPERIOR CouRr.-John P. Porter, ys. A. Il.
Knisely. In this case, which YVES an action ofre-
pleyy Of the steam drodge boat Nile, the defence
relied upon certain proceedings In attachment
before Justice Of the Peace. a. follows: 1st At
tachment ofthe boat; I'd, Judgment sgainst It by
default: Sd, Appeal by the owner; 4th, Dismissal
OF the appeal with procedonlo; 5th, Issue Of exc
cution and talc Of tho boat. To the validity Of
these proceedings great many objections weto
urged
lat. To the insuGiciencJ Of the affidavit: Because
II did not state the names Of tho owners Of the
boat, nor that the name OF the owner was un-
known; also that 1t did not state that tho debt WAS
contracted in the service Of the boat.
I'd. To the insufhciency OF the service OF the no
ticc Of the attachmcnt tho law requiring the con-
stable to tndorse upon the notice the time. when,
and place where three copies thereof were posted
In the neighborhood Of the Justice. The return in
s's SsSE s'BR RS sHisi as
3D.. The or1eE orsalo was defective IN that ltcom-
got tolloTins the statute In the words 'or much
II was contcnaed on tho part Of the defence that
however irregular these proceedings were, they
we're cured by the fact thaEthc owner OF the boat
had come N and appealed the case to tho Cireuit
Court, The answer to this BY the plaintiff was
that the statute with reference to this proceeding
Of attachments Of boats and vessels did not an
thorize an appeaiand bill. Cited the case OF Hub
bard vs. schooner Constitution, In scammon as In
cceding before the Justfce 20 as to give turtsdic
tlon. The trial was very spirited one, occupying
and wsn1 It, Ga hf pon5 h
was rendered. fof the plaintiff;
The motion for > new trial vas argued before
the mll bench Saturday, and granted on the
ground that the affidavit before the Justice was the
foundation Of tho proceeding, and the same was
tns9flcient and conferred no 1nfisdiction because
was brought accrued bJ service rendered to the
Bentley 8 storzs for the plaintiff, and Hoyne,
DKroRa JUSTICE BaowN.-A perjury case, Of
been under examination several times before jus
tlce Brown. The defendant was Mrs. coEneliA 4.
Stone, alias Hammond. and the prosecuting wit
q fi Character and promi.s in Ills eity. Without
detailing the evidence infinitely, we may State gen
orally that Colehour had been attorney for :ara.
essdngs u the superior Court fos As a.le of ssr-
nemy m county, together with 5Izs. Stones dower
IN ss ss wilson The attorney
died his account for fees In That court With view
to their being secured to him ont OF the moneys
money mon into her hsnds, Ils.- Stone. without any
| Judge Wilson, charging Coehour with Wro1yfuy
HIM, the sale Of her dover Interest She also
commenced criminal proceedings hgalnst Colehour
Sa5sE '5s stst9fa iSs {5e- for cdsa5S 5a
by him as an attorney, before Justice De Wolf but
the evidence, in the opinion Of the Justice, utterly
failed te support The ae@GTsstion @ a1a ce,hoaf vas
eveI, was paid over to HIs. Stone on the aforesaid
affidavit By order Of Judge Wilson. The examina~
lon Of w stone hq.ssk on The charge e. PEI,
her aiada1it before spoken of, commenced before
Justice Brown several days since, and continued
nom time to time, reached conclusion last sssur-
ps ps and SaIe 9. &. Wafd a fof Mfs. Stone: M m pe'
The result was that Hrs. Stone Was held By the
% tree f Su Ge 1s s he hef E beSa Rs be 6s
asn crime e. 50 seloas as that Il Which in he opnon
q the JSstes thsre Is "pTT1eable T cause' fOr be-
9gs 4eco9a Of M tha " lit Instant the report
Judgment rendered against Mutual Insurance Co.
II :! IN
srPEn1on couR7-Dciore the tull Bench sitting
in Eanc.
Ehie s Ct e. KS r. Cray et "a a. s1 Time to plead
I3GBedbury VI. knights and d. S. Express Co.,
garniehee, DC. The Gaznishee prays an appeal
which is allowed On fling bondin $so5. Bond hled
1ii9xycharsey., Dudley vs, Brand ct al Re
port Of Commissioners 1led and confirmed
| t1l-f Alte VI. SCltOSlu1uftll. No. IoF HEN LI11l
orerrn1ed, want Of reasons, jsds't on verdict ss5
ss:-tchanse.y] M951sn VT; ct Al Is. PFoster as
sWcz instanter. Default snd decree.
1E-ue1rcy etal ". Peoria Marine & Flra lns
Co. Mellon for new trial by Dcit. oref1uled, mt
neal prayed and allowed. Bond $4,000 to be up
proved BY Court. Bond and Eli oi Exceptions tt
5sGDiain rs. Hur!but. Time to file bill OF E1
ceptions extended fo5th January next.
z3c-Patkcr ~. Einsely. Mo. for new trial over
ruled and Judgment on verdict. Dett. cIcepts. q
days to fle Bill OF Exceptions.
| iV1!-shernnan ct ii. vs.. Smart. Deflult AMI
Judgment set aslda on motion Of Den, aud atida
| Wits fled.
The Court has adjourned for the term.