New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-11-07

so 70 Indicate some trait character TO indicate
the sound part Of their name w oe me coan,
~ ths 70 prove that the publication in question
was ia fact published Of and concerning Isaac Co9k ,oe Pns
20, and that II was generally understood by his nelghoo,
~ i,zens who knew him. In order 10 make this proof
some DO laid for 1t IN the ~
TO call witness upon the stand andnqure Ihe
s,cs Objected to was published Of concerning the PLAIN
TIA but facts and circumstances in their nature suscepoe
6rocf must be proven that the plaintiff was generay
known as Ike Cook that the plaintiff was an army pay
master that he 1t one time postmaster ~ III de.
d,n 70 prove that there psyms.ter 10 the army o.
Chicago OF the name OF lchaood .h;b Of the
wo the dendans IN fact did undoto0d a.
refer to- But IT, the other hand, simple sIin8 were
sufficient II would be competent to prove ~. S The Main.
made and witness might be called on me pa corceynng The
n 20 VA wines, on The part of the defendant might Dc
called to swear tina. II not and so o. ~, AZ
ing inc yy ;.ses as they we're In the beginning me
hight action mus. be made d not klein bs nsnt for
IL better settled than that nuendo do not have the
9 of Allegations They are not ayeIabe Unless sus-
tanned ny e in he declaration by way iudueemen they
are mere surpluage II s therefore submitted tna lho p
t has failed show cause OF action np'n the 'acs VI u
doctrine above conended fOr amply sustained BY the
Miller act Maxwell 10 wend, 9. &C. IT, 49, Tyler agt III
lo,son M S Van VseksH ss H aGS.r 40, 81 r. Fo..
Bing 49, Hall sgt Blandy, Young Jervi' iso Day ag
Robinson Ad. e. 555, East 93i siarkie on sandef '
Second. The declaration defective In that It does not sho
| jurisdiction in this court the action. ru
There no ayerment that the plaintiff cl'ihen ., ~.
State of Illinois. The words used are lsaac Coos ciI.n
Of the State OF Illinois, complains" sc IL Is ees tns'
Isaac Cook" is the nomna,ive case Tor the veIo c s
plains and Il will not be pretended that the sentence
ta,ns intermediate verb, either expressed OF
will II be pretended that If there De- ueh an IN
verb understood IL /. without nOunatige, nor inst iaHc
Cook is the nonsve Of verbs IL would seem 70 DC
very that the Intermediate words are words 81 aeP
ton the purpose of identifying the plintin -
The words lsasc Cook citizen Of the state Of inois
and all .in, words in the comnenceuent Of I ~
ds,crp,ion going TO show identity OF the person named
and uniformly unden,ood ~ t9e q"ss ioo o1 Tb
&. merely 10 describe identify him If the question DC
asked Does Mr.. Cook EoH reside IN Iinol'! Tue W 49,
mo he has come New York to reside would nos IN any
.ens. the former Wessy Johr Brown oil
Osawaamie" but do not mean 70 say De RESIDES tei
Nor DO to anything whatever about u
or citizenship We merely 20 descoe or identity ne
man. 1t doe. no, he'll the case that me word. szen
arc inserted before the words OF the state o. os Ven
n The words CITIZEN could be construed into an
Of citizenship, still the words Of the state Of lho are
as faulty with the words ." citizen as ihey are Wiou
Them citizen he IL a eiL,n Of the United States and
therefore citizen Of every State The DEed Seo,t CO
sates ,Lerwse The couft could have taken upon itself
10 decil. what OF persons are citizens Of the United
,s.s did not invoks any State Constitution, or statute
In determining this point. II was question Oh SSsi.,is
4. "a citizen" It hes that extent no more: Suppose ~ nsi
sid Isaac Cook blacksmith OF the State Of Illinois lie, u
BE- conceded for the sake Of the Argument that ucn an
mont Ia an ,yetnent that he il bscksmiih IL then us. that
extent The words, OF the state OF iinos' Sa
not be construed As meaning what they do not say TIC
ords Of state do not ucce sariy mean relen, Of that
State. II m,y native OF that state wLieh ~ "o"sl
not be pretended would bring the party within ne at N
question There Is no rule Of pleading better established OF
adhered with pernsy than the rue wnirh says
Pleading. mus. not BE- by way OF recital but must be posi-
tive in their form" ,Stcphens Pleading, Z. Jsl The ao
sence Of the verb tho es, Of distinction between an
s,enneut and recital in pesdn, Tie verb cannot be i'm
Piled or UNDERWOOD for it might be Implied there would DC
no such thing rccta-cvcTythng would De on AYe'H,h
n N. one party Insert word b. Implication tie other la
u ffyL he
ndant proposes follow by inserting the word not o.
| the plaintiff would not be much aided by that
When man T. introduced to another or @ public sudi
erc. he i. Introduced Mr.. So-ands OF Illinois or New
York. Boston the case msy b.. Or the IreposOl
Yet In the would pretend that such an INTRO
dicton would Doe equivalent % an asse on a ~ person sc
introduced cEen or resident Of the state DO .holi c
b. id % b. from IL such introduction followed by
~, ng4.ry How long you from that state and Le
psss, s coy uiss,icnent, any improper Of ian
suasc had been naio !, wond b. Obvious that ia either
cc all that led been Intended "as to Identify OF descii0e '
pouon 90 introduced.
The court. uniformly regarded similar phrleoosy
In The People ~ .L Ae: is ram ann &c on nov md,
meat, which commenced. - H.. agent of C. D. Nc, wa
held defective n no, stauns that A r. g' tue agent
{. d. the Court, Bsrdslry j. yms thsi the word ,euV
m,ie tee,f'.o re,aHr" TX porte The Bqrk Of Monroe
d.. ue H. cunningham 49, 0o..et Deuio ~ an afdavi
ia landlord and nants proceeding W.. ned detective 10
tho reason tue Court BTlnson G. j. hold ~ ne cru
o. be . desrr gfi0 pcrsonF In 81 pat Slumvay,
DEMO affidavit redeem land, held t. be deiee
n,
port the decision. In staples ast fiicnid. ,omsi 81
c application p.tition fos atiachHeu word
nyr.n, that the plaintiff citizen of this STATE ard III,
proceedings aside or wan, OF Jurisdiction Payne
. Young Sed 1853. i. 20 the same effect
The fact that the plaintiff "s, al the TINE o. the
meat OF tie suit citizen OF state other than tue state
OF N,w-iolk Il. issuabe fact and must be distinctly
ayened n the declaration aud proven on tie Ta Oaiet
asaiu,t The Pacific Insurance Company Payne, 9A .
In Ab-rcrombc at. Dupui, e, al CIanch, iJ COtl,
held tia. the words m tie ecllraon 'Chaes Aber
Ircripon and sufficient 20 give the Circuit Cour
Geors ia jurisdiction. (see ours, I'd L. 3 Reps,
In Wood sgt, wasnou, cranch Nl3), the proceeding
stated John Peter Wagnon TO be citizen OF lie state
Peuusy,in.a James Wood WARD TO be o tie state o.
Georgia" II objected that did not sppear that the par
ties Of different states and the Judgment u the Circuit
Conn no. %. Jeois.a"s -, a. Tn ' 90 s5' -.
forth that John Cobbot of Beverly, IN tie o. fc % Mss4
ehusei. &c. The Court were clearly Of o." opinion thai
this not an allegation Of citizenship ana uncs The eaus
foui tic docket Curtis Ed. 2l; See also Eu.ory AIT
Gf,en0u.h. DALI 39 Curtis Ed, !c5l Tanner T. EuTile
DALI Il Curtis 3D. SD; CorkH.s Trustees 81 Id, 80
Ills learned author says: Tie aycrIcf iczensh
must b. positive Thu. not Sufficient 10 describe plr.!
j. resdeai particular State, bJt lie nGss b
Iidtsd 90 be citizen Of the state
The declaration is open 70 very many other objections
Is nsuarly mlrincal aud for that reason DIN u, TO b
properly pleaded to- But whether these objections afr tina
substantial character that they be reached by the dc end
upon the plaintiff demurrer may possibly admit o. doubt
thor TO detan the Court by pointing them cut.
Twenty-cisht indictments weFe to-day presented by To-
Grand Jury for the various grades Of cOuueIeug and tru
bill also returned against IhOua. Anderson the Cspa
the Nafancs foT falling to nh the ial amount OF Zoo
! to passengers
SUPREME col ET-Cu,wBgRs-Nov G-Before Justic
SUTHERLAND.
DECISION.
Robert Lovctt agt. Mary kingshnd. --Jud ,men
ned, aud the constitution of the viii according to tn
N opinion JudseAt and findings Of fact TO be settled on Nv
days no,ico
/ SUPERIOR COIRT-spEct&L TgRx-Soy e-rsfof