Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-11

LEGAL INTELLrGENCE-UnHed STATE
Circuit and District Courts.-Loohey vs
Beeeher. A receiver was appointed j
. this case.
ShaDleirh vs.. surdam and Hough. i
this case an order for a writ Of possession
: was entered.
. The Clerk was ordered to report tn
services Of jurors.
Isaac NJ. Steele was worn as a mem
! Der of the bar Of this Court.
The case Of A. r. Heron, e%xecutor,v VS.
r. p. Runkle, was taken up and argued
on one point not fully presented in th'
argument Of Monday. The decision o
the Court win be published tomorrow.
Common Lar GUrS-The calender o.
cases set for yesterday were disposed Of
none Of the causes being Of any general
interest.
To-day IS motion cay.
Gaacery C0urt-An interesting case
came up before Chancellor Smith, at
Chambers one day last week, viz:
Emile Vogel, minor, by her next
friend Edward Herman, and Il. Herman
in his own right as Ernst Nogel. rms
case came up on a motion OF the defend
ant, Ernst Noeel, TO dissolve the lnJunc-
ton heretofore granted, restraining nm
from interfering with the property Of his
! deceased wife, There's NOgel, and from
exercising any control over MS child, the
Z complainant Emile NOgel.
The bill, upon which the injunction
was granted, sets UP the facts that Ernst
and Theresa Nogel were man and
wife: that defendant abandoned his
wife, and that she, after such abandon
ment, accumulated. with the assistance
Of her child, the complainant, about five
or six thousand dollars worth of property
while her husband, Ernst Vogel, was alb
sent; that a short time since Therese
Nogel died, and that defendant was
about TO return and talJe possession Of his
child and property that the defendant
is disolute, and not 8 suitable person TO
have the custody Of the child, and shows
further that Que Edward Herman is a
proper person for such custody; the bill
having for its prayer petition to the
Court to bestOw en- 3aid Herman the
custody Of Emile Vogel, aged fifteen
years, and the control Of the property,
from all Of which the defendant TO be
AANtAaAAEAs AAAA was EAAAAANlAs
The answer admits that the property
was earned by the labor of Theresa
Nogel, after the separation from her hus-
band, Ernst NOgle, but denies that he
abandoned his wife, and sets up that she
quit his house and home, denying also
that the defendant is d~issOlute. And
upon this bin and answer the U was
heard. Messrs. Bullock & Stahl, and
Cameron & Cook, for defendant upon
his motion for dissolution OF the injunc-
ton. and Messrs. Chalmers d Lee, and
Brown, LO0ney &Tyler for complainant.
The argument Of the case occupied two
days.
The decision Of the Court was deliv-
cred on Friday last, in which il Is or
dered that the child remain in the
tody Of Edward Herman, while the pro-
perCy be taken from his hands and
placed in the hands Of q receiver, to be
a disinterested party, who will furnish
the minor complainant, Emile, with
meanso of support and education until the
final hearing Of the cause.
This case has excited much interest
among the German population Of the
city, the parties being well known and
much sympathy felt for the welfare Of
the child Emile.
Chancellor Smith viii be in his office
hereafter on Tuesdays and Fridays, at 10
o'clock am, to transact business Of this
Court at Chambers.
Criminal COugt.-An important muir
der case occupied the time Of this Court
throughout yesterday.
The case came up on writ of ha5eus
corpus, Bnd was brought from Upton
county on a charge Of venue.
The defendant, Vim. c. Harris, (who
Is a son Of Judge Harris, Of Upton
county, and was at the time acting as
sheriff of said county, is charged with
the murder Of John D. II. Lauderdale, /
some time in March last, and upon the
preliminary examination before the mag
istrate was declared guilty Of " muTderin
the first degree, lrith mitigating cireu1R-
stanees!" and held 70 bail in the sum Of
$40, 600; the bond was not given, but the
defendant now applies to be released on
reasonable bail.
Able counsel are employed on both
sides, S follows; For the prosecution
Messrs. Haynes, Lewis and Sale, of Mem
phis, and Sandford and Smith, Of Upton
county. For the defense-Messrs Smith
Il Hill, Morrison and Parham, Of Mem
phis, and Steele and Bates, Of Upton