New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-23
LAW uNTRLLHGENCE.
COURT OF COMMON PLEAS-GrgERAI TsRh-FEB N
Before Judges DAILY BRADr and CARooso
IA A WITNESS PRIVILEGED FROM ARREST IN ciVIl
ACTION i--IhPORTAHT QUESTION or fRACTSE'

IN, DON Court as witness Rev Stat art o. Sec 81
at,end sny Judge officer, Comnisfioner IN any case
where the attendance Of such witness may by sw be enforced
by commitment shall be r,oneatod rom ar
st ia any civil suit while going TO the place where no shs
be rsqsred by aneh saepcra to a'snd %he remaining
such p.ae. aud while retaining thereiroin' - ,
HE plant opposed motion the ground that az the
witness served Of the state was not ose where
bis attendance could have been enforced ny attachment o ny
The council defendant claimed the exemption ofthe
defendant ground that no attended out under sun
pena duly served the part OF the plaintiffs. MhetLri
OF tho State protection to hni ana
that his coming the State aud attending Court IN obed
tb. order Of the Court was an adson o. uue %
the order and subpoena and be could nave Deeh con-
tho statute cited above. Grahams Practice, l29 to w
Xrehb Pr 60; Hy. Black oJ6 sls., s44i VENT III
Tbs jpise AZ Special Torn denied The motion and ordered
tliat the question be argued at General Ieim'
j. soi. R,erbsnd and g H. Judah ior appellants Ber
''' SPECIAL TrRa-Fsp ?2-Berore Judge ciRDolo.
DECISIONS.
Lent agt Bliss.-Motion Tor attachment granted
Cr"rorae act OFarten-Mo,ion so attachment granted.
TMpoaTAST DECISION As 10 POWER OF sURhoGAIL~
THE LAWRENCE ESTATE.
Richard Lawrence sgt. Wsre T.. Psrsous
Tho question OF the power Of the Surrogate to ap-
pnt collector Of an pending the thereof
by its representatives. was today confirmed On 'Do ''o' "
The following Is the opinion of Judge tardofoi
Although tho discussion Of this motion nae ehsn .ea os.t
very wide range do not feel called oPon however
aud instructive least 10 myf' might be- 10 examine al
the matter. submitted TO mt, to pass upon more tnah "H"
There Is ore Of this matter which reqres The d,sou
ton OF the injunction aud shall conlne nJsef % thA m
only because l. vresng necesty FOX speedy dete
ns;on OF this bat because doubt the wisdom OF ex
tending opinions beyond the point on which the decision 10
seemed scarcely be denied the argumeut lpa a. all
.von' thin msIs Tg.e6 a., ,s ncl4dins
IN. Joining Of ne collector pending the calon for snch
relief then the matter should be eit to that Court WIN
out .y interference by this any other tribunal. - go
think examination OF the statute usws Of lh'D wa
show concIusyely that the Surrogate lad compete power "
By section rs ofths Act Of 1881 10 provided tbs, when
person the estate Of the deceased SHAH d
cove. that the sut.s II any administrator becoming IA
solvent tina, they hav. removed about ro
nh ps',on m"y max etpscn 20 liz Surrogate who
granted the o,,.is Of administration foT relief"
ny the 10th section upon receiving satisfactory eya.hoe
that IN. matter requires investigation th. Surrogate l. to issue
citation requiring The administrator 20 show cause Why he
should NOT give further 'leues OF Dc sup''o'o 10 'H ~
liz DO true that tho yycn by Mr. Parsons not
pee susy amply responsible Their ~es cause ief an a
pbcsfion 10 The Snuoca,o al. ,ug them e. he sucirnt
that being presented TO III. Surrogate he had "a" power 70
l,De citation requiring Nh Psr.ons to chow cause Why =.
either should not ,iyo farther susi's or he uFt'ded e
administration. ,.-- A..
collector show cause ne Alternative My he should not
s,. further .lrs-s OF be o. P.r'eGed -.,,....
perfectly oiea therefore, that the collector rsquhea
with o,h.r natter 10 show Why i' sond not De re-
moved OF ,upc.ed-d" which Ia h. ,eme thing Ins bong
Conceded and sr. doubt OF H. al! prs,en.s at the
surosA. could snor the Collector IL ended o. by "
ION 81 il IA presy enacted thst any Surrogate
m INV s.o,. rhy Le ,iold sol Office. the
Surrogate shall have power enter order rnjonng such
administrator &e, from further acting m the prsn.e' UNI
the matter in eont,3y.sy 'hsll De a.sPSsrd 1 % IN ,b
and could have cited Mr. far'ous to ,h"w sssse
.n,,,s. and could have snoinsd him acting the in
,eya until the matter wss aeerm'ned. ..,t
dnc.d him grant tho injunction in this We, the aesa
ton that the Surrogate wa, absent rom we f.y emo go
sustained an injunction for Temporary PERIOD at ieas'
were not = uted go ;,,on a.. 10 ~,hs,be, p,or N.
very critical examination of the papers which have made III
rTspans 10 the motion Iand which Of cannot
mad: spos ,ss ni.s St os-ny sppe.
to- S Ss"s sy' to
Say that the temporary necessity has passed the Surrogate
ps~. 10 ,rant ard hi. Court 10 tho which peculiarly
Tho eonis Jurisdiction executors and sdin.a
| tors g. the proper forum 20 apply TO forit
think ~. motion coutinus the Injunction be de-
MED and tho temporary injunction and order 10 ao
The question. decided In this the important
a,o%s sy 90 w. spPgnJa' o. 'Gois ~ 0se
such appointments Until the decision o the motion in this
CRcurr-FgB 22-Befors Justice s,urH.
ACTION on rBoMssoRY S0TE-ALLBGED FORGERY.
Bank Of the Commonwealth .g' John Wilson j., Frederick
V, Booth and benjamin h. Midget
This action is brough, 70 recover 3 600 on n
prom'or note alleged TO have been made by the defendant
Wison by defendant MIDGET sfterwsrd
BY the a.fcndut wison and Booth anddsco4ntoi by the
plaintiff
The defendants, booth aud Midget answered the complaint
wilson allowing default TO b. entered i'm. The de
-ndan Booth nt.rpoed specific denial and a.. defendant
Mudgctt general dens OF al tue allegations o. lne
plant
tn. defendant Benjamin Mudsett lawyer bs profes
sion but holds IN. position Of Deputy Collector ia the Cgs
Hou.. He denies having indo ,od The note in Sut
aud claim. Il 10 be forgery.
There four wilntstes examined on the part ~ the
plaintiff who acquainted with the Handwriting Of tho de-
eudan Mudre and thought the Endorsement the note
biz hand nug aud Ia corroboaton II the wnesr
the defendant Wson, testified 10 tho making Of e note by
himself the Enforcement OF the f of the witness aud that
ST.. Mudget mako the rdor.Tnent Of HE the
with aui pen Ho fur her tutthrd u, be arrested
Chicago the charge OF forgery this ro'o Of the Of
Muds. brought New York, lodged in ho 1ombs but
subsequently, discbsreed and the compliant dismissed
The d-fends counsel subjected this witness
ANIMATION. IL spears that u. Deputy Collector
a. the Cu,,omH1use under hess Rrdhed snd 3ohcl and
requested 10 resign by the sti.r named gentleman
Opposed this evidence defendant NUGGET esuhed
that no made the irdouccut and there weo our
other witnesses who estihed TO knowing his hsndw ri and
they did not tns the Inducements IN his hen,Hn
There coasd.Isb" evidence inp~achns the ehnrac
ihst b. in,'mp.rsto anG ,anblea to .stont
III. case IL ,til on.
Err. 1-Bsforo Ju,tice BARSARp.
DECISIONS.
James A. Crosby act. George W. Markham.
Daniel sardord agt William ooodman-Moton pan'ed, : 10
COTS
Mary a. DoheTty, et OIL LdwNd DiHn"n 81 G--hoton
denied
Christian s. D.Ayan as IA. Excelsior Fire lniurIree Co.
Tho Motion is denied, but without costs.
UNITED STATES COMMISSIONERS OFFICE Frp 20
-B'ioT" C0nmisslUnsr oeBohS.
HARBoNsq DEsERTFR.
George X. Spaulding was arrested ard brought
named Richard lltt 60 desert aud haborBg aud cmpioy
,aid dseftr. spald,Ir Major at the l52d "