, 1864-01-19
LAW INTELLIGENCE.
Hammond VS.. KLEIN.
CASE OF MARINE BANK VS.. LINK.


Cmcrrr CoCRr or CooK CougTr.-In the
CAGE OF David Hammond vs. Charles Klein, de-
fault had been taken, Judgment entered and exc
cut1un Issued. A motion was yestcr11y made bY
Ganson, counsel for the defence, to Get aside the
default on the following grounds: The defend
ant Ia not well acquainted with the language, WAS
served by Gustayus Fischer, deputy Sheriff, who
was armed with two processes against him. One
Of these was writ from the Superior Court requir
ing ball In the sum Of FIVE hundred dollars. The
other was summons In the suit above
named from the Circuit Court. The former
Of these processes he undertook 10 serve
rs Deputy Sheriff, and the latter as an
ellsor, appointed by the Coroner. The defendants
affidavit, to aet aside the default alleges bis i'm
perfect acquaintance with the English language,
and declares that at the time OF service he was not
aware that the officer was serving or intending to
serve more than one process upon him, and that
was the writ issued from the Superior Court. Be
sides the grounds furnished by tho affidavit, the
couusel for the defense also took the position that
the service Of tho summons BY the Deputy Sheriff
was void, for the reason taat the statute iorbfds
Deputy sheriff to eerYe d writ In case in which
his principal is party,
cute this service not az Deputy SheriH, but ns
cIieor still that did not alter the nppplIcaton OF
the for reason for for the
appointment Of m e!laor was to take The eEecn::
tho Sheriff or bis Deputies.
The Court get nalde the dcfault. Judgment apd
n W Seon
since last Saturday on said CT "a. Hopkins for
plaintiff; Garrison for defendant.
11sx.-For ibis case mofion Tor ~ new trial I'll wss
heard on Saturday last. .onr rea1crs will reme1n-
Der this case which has been noticed before In
ance Of defendant on account Of an over dram Of
nearly two thousand two hundred dollars, whIle II
is contendcd BY defendant, On the other hand,
araxn % ' LEX elanea t tSat Il e % lid depositcd sixty
thousond dollars with the bank on one
check, which he had obtained on loan
was entered On he books of The bank il lis isvof,
and also On the pass-book OF tho defendant, and
that afterwards the paBs-book was left at the bank
leaet, could not be found when asked for By deten-
1anf. A paes-book was produced by the bank on
as on u sheb desDans
and as his clerk WoodwoFth swore, the credit was
Originally contained: The pass-look then cou-
amount ss OF afty.four = thousand @ dollars The en-
~ Of his cse was E1oved tS BE IT, ne
another cerk il t6s Bank By the name Of Richard
son: On this last trial the pass book was not In
Tic Bank offered to show BY thelr ledger that
the only deposit ever made BY Link was ono Of
f!ity-foar thousand dollars, On The ninth day q
introduced By the Bank as Witnesses.
The theory Of the defense was that Carer had
received the deposlt as Cashier of tue Bank, but,
diverted Links funds to Els OWL use, and happen.
Ing to lose. sought to make the amount up On
TIE dsense ex, ~ ene 70 81 ne
and claimed that the Bank. was liable for his
wrongful aete L Vas proved On the , IEal that GaE,
four hundred thousand dollars. On this trial the
verdict was for the plaintiff. and motion for
new trial was reinaed; hut the case Will be taken
WiEdett for defendant.
srFEH1on counT n BAsc.-1n Judge qary's
.ocm, yesterday, the day wns consumed In the II.
Reea 70. the city Of Chicago, being suit Of eject.
ment for portion Of North Water street. Of which
We made statement Of the facts gad principa!
the jn1T was against The city, fhe argument was
completed, but the dccision was reserved.
supzn.oB counr.-B9prs cAly Jistiee John Il:
ezenoe,y-No. t:i; 1oec-Atktns ys. Roberts ct al.
1,s1.-Booth IT, Doldecker ct al. Decree.
1,Qa:-Westcsn Marine md Fire 1asqFancs TT Co.,
rs: nenepore, st a. Leave to amend bull
costa HooH q q ei eonpsinsas =
i,za-Babeock ys. Durham. Defauit and refer
SUPERIOR couR1.-Bgo,s Hon. Fan z. Higgins,
Judge
tIMMcn Ld&c-f7s.-Roberts rs. Ryan ct nj.
Death OF Plaintiff suggested :
tb4.-Walker ys MarTgatt. Court finds for de-
fcndant. Plaintiff moyes for new trtal.
6R.-Eolland ye. Holland ct al. Plaintiff takes
ncn euA4
s2fs9,lss St al = ~ Mo5tSn n,snr 1ease to
INT moves for new trial.
a5.-Wisdom vs.. Carter. On trial.
sprEr1oE Counr.-Bgore Bon. 1os. E. Gary,
Judge Ctznnfn Lato.
4e9. MeQreWans ct al. vs Lake. Dismissed at
plaintiff 3 costs.
1esG. Byrd IS hughes. Rule on defendant to
plead within ten days.
CHcr11 couRT.-Bgore ION. E. s. NiQiams.
1ndEe-EbMM0da LGt0.
4:S. Kennedy ys Sweet ct al. Verdict, defend
ant guilty. Motion for new trial.
'47s. Taylor ye Head. Judgment for plaintiff.
$50. DcIr1ckeon vH Dickinson. Motion for new
tria1 oseI7ujed. Appealed.
GIT. shores ct al: vs Hammond Judgment On
the verdict.
Isl. Gnderhi1 ys Bogge. Judgment 70. plaintiff.
4s4,. Bacon ct Il. r. Sweet ct al. On trial.
C1IANcERY.-sG5. Gatferee vs G1ltereH. Default
and reference to master.
SIS, McEwen ct al. vs Kerfoot ct Al. Dismissed
Rt eomplainant's costs.
408. Pierce Va Pierce. Decree entered.
9d6. 8chfefer vB Mullen. Dismissed At com"
plaInant'8 COSTS.
30 We COVE noticed yesterday that lib
c1al shipments were being made by the principal
Boot and Shoe manufaetog in the city OF calf and
cavalry boots 10 military officers At Now Orleans,