New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-19
LAW INTRLLICRNCR.
SUPREME COURT-CIRCuIr-MAnoHl s-peso,e "a.
PoTrkR.
LIABILITY OF THE COUNTY cLyRx pou RIM.
Elijah H. Kimball, ,1sca,os &c. Of EHsn lie Roy dec.a


Ellis H. Kimbsl, xecutoE &C., Of Elem IL Rov dses.
eg Richard Is. Connolly ' N~S
This action. which was recently tried bv i.
Colrt wi bout jury invoices question of con.ia.rh,
por,aDce to the ct estste IS Il 1, hronss,
the 1883 chap i+2. sec. l. 20 recover
The 90 .ndalt az -rlor committed by him ,h NJ
CLERK in ang 60 return judgment upon ie. rb ~
hi Office.
The facts Of the ar. briefly these: Mr. LEROY a.
the owner of house aud ot 10 Twelfth srea, NyyJf
mad applicaio ion to the jefferson Fhs Inurass c.
for loan bond aud mortgage. Taeir cour sci, N.Y.
caued search to b. maze by the dsi-ndant a IN,
| Clerk, for Judgments againt one Moses LeRoy ~
ovier Of lie property The defendant omitted "a .x
upon the search judgment dockeed in the Cerk,,ss
ssainr Leroy snd in avSI Of Ne-on smith upon Wild =
Mrs, Leroy had DO knowledge Of the sals until ,s.,s
time for redemption had passed. when Mr Smith ts~
chaser, VS. p ced IN posse sion by vi'tDe OF his deed
The Insurance COMPANY, after examination OF tina III.
made the ohD TO nrs lie Roy. bot, by the sale
uader thi- Judgment their mortgage had been cot OF X,
Instituted legal proceedings to 1t aide The judgment A.,
were sterward sbaDdoned ard ths Of S4eO WA 10,
Mr. Smith to procure re ease OF hi interest In the prsu
The plrutf CLAIM ci to this dsusz., -,
directly from tue defend ins failure to retlrn Smb
ment upon the search. twas proven tina; II the udas
had been retained would bave been paid out Of the proc
| OF the losn from tie lnsursnce Company.
The Geiendsnt In his rnsver set up general denial Il
counsel moved for d.n'sh OF The complaint the gsni
that the defendant could not be bell iabls the entV
Nr. Lee. for whom the search YVES made the sonv
of tie slraDce Company, ard not OF Mrs LeKoy snti
the defendant not able TO the latter for mistakes r.
denied the motion, and directed judgment foItH
plai0tf or S40O. eng interest and costs
H. ii. Kin bail ana r. II. Underani for plaintiff, Glow,
Daring Tor defendant.
CHAMBEKs-MARoH IL Before Justice IseRAHlx
DECISIONS.
Never Stern a9t. Samuel A. Hatfeld.-Moso
denied / 10 cots. 20 abide event.
Tie Sa'H Bank az, james II. Sturdy ct al-Motiond
ME without cots.
Elias r. Metz sg,. Jacob BALM ct al-Motion grsnts o,
payment o. coats Of Term and diisu'sements
Mary French sgt VIM. Elmer Brevoor insurance. Con
pany ag,. j. s. Thomp.on al 81 Corneins j. Spngue v.
Henry Stokes ct al Peter GHs-y ex, Ct,s H. Potter e.L
Leamau Buck sgt John Drss, ct all tions granted
Go sib Schurer agt isaGc O. Msrsaoyd-Mo.iood tnie,
with ~ costs.
Mary crssbe sgt George Crosbis-Jaigment Of divorce
granted. 49,
bond. were Issued aud denied rs.iue Costs 10 al
event
Chafles w. Kea agt. A. w. c. Wood.-Mo,ion g,QA
De'rnd4nt 70 be held 10 Ostl in : 100
John III. Collect at Perry Bradley ct sl-Moou usn..d
Judgement to steni o. security. Cost to abide event
o. A. House sgt. Henry Atreo ct sl-MOtiol denied with
e costs with leave to renew.
James Lynch John Kennedy Motion granted oar.
ment OF costs OF motion, slo, far allow defendant
John q. Bell sgt Lc1g Island Ferry Company-Ms,ca
granted. COST abide event and ud eDt to stand ca.
MY.
DIsREGARDING WRIT OF HABEAS CORPUS.
On application OF M. Charles Spencer, an attach.
eDt was Issued sg4inst JOHN Fsbre stsor Of uoa
AID Nassau street,. who IL "a ale.s hAtseduced young
man named anu Kelley endesyor. to procure abortion
on her and fr IL that caused he female child When uf
Jays old to be away be- having issd obey Il
ha5sss corr Issued her application directing bin Wv
duce the ogd.