New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-09-04
LAW INTELLIGENCE.
SUPERIOR COURT-cBAnsERs-sErr a-Before Justice
WHITE
A rrsxRrER AND SUBSTITUTE.

pEShRTEb AND
Michael Cox, o member Of the 18th Eew-York
Cavalry deserted from that Regiment and offered himself and
wa. accepted as substitute for consorpt In Boston Ma''.
He was arrested by Nugcnt deserer and
hsbess corpus sued BY Justice White directing tbs Provost
Marshal to produce the body The point taken by the council
for the Provost Samuel clancy, esq precisely
the point by him the return TO the habeas corpus
before Mr. Justice Leonard in the Supreme Court In the case
ofBse viz Of jurisdiction but Justice White has come
to contrary conclusion from the arrived by Justice
The decision in the above matter that the Superior
Court of the City ofNew has jurisdiction the sub
eci the application. The proceeding were thcfore
discharged
In The case ofRare Marha Nugen having failed to show
Why attachment Should not be ssued Justice Leon
ard this morning ordered a,schneut to be is.red
SPECIAL TERx-SrPr. 3-Befote Justice WHITE
IMPoETANT DfCIsIOS-REviNUE sTAMis-
The German Liedeik,anz sgt. Ions Schiemmln; .
Notion 10 set aside summons as Vold "Ithou,
United States stamp end also TO set nsde order Oh
WHITE III Is not denied by the plaintiff that the sum.
Issued and served in This action without having ,e
United States stamp attached to s' required ~ ~'
The PROVISION Of The act Of Congress requiring pcrfons de-
srous Of commencing action 10 pay stamp euy 70 .he
United before Issuing using he prosess by which me
powers Of State Court NJ .iior citizen the United
States as wei as Of the particular state n whose co,,i re
y Of the United s.ees well by the authority OF the e
inlef.or sovereignty Of the individual state.
Tbote in imposed by requiring certain
Of money TO be PAID by the ozen r the right or paw
eeo Of performing certain snd sw f aes such as
of the h manufacture for the right TO exercise tho func
tons of suctionee for ts rsh to administer oath %
notary and there Iore hardship or ntefef nee with Tie
authority Of individual prohibiting citizen orn
prosecuting his private individual claim or r.Ihedy In any
Court Siae or Federal without tsl paying the revenue duty
Imposed hy the United States upon is eIscse OF thai
right than there I, in prohibiting him rom eIeei.lne fny Of
ordinary rsh,s shove enumerated without h' iss tie
United states tax attached to g.
The Ia this having been Issued without
Revenue stamp therefore never duly or regularly Issued
and the subseSuent aIng stamp u will not cure the de-
feet All the proccedf sub,e iucn 10 the granting o! the
order Of therefore Be regarded lesaaf and
void aud the defendant be discharged nom his present
But the order Of sest 10 not Ir0ceO by which cut
commented and IL good without Revenue stamp; and upon
tie merits Of th, do think that the Lldayi Of the
defendant druyng that The money In question ~as co ectsd
hy I'm in HE official capsriiy I. ,ulrn sssn'' the an
davt Of the plaintiffs. rf,,d,ni the contrary TO Justy tie
Court In setting aside NEcaing The order OF kIrost Ihs
part Of the inotion Isas;, therefore, be denied
No costs 81 granted 20 either party
lir. Miller fog dol,n4.nii MI Ooepp for plaintiff