New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-23

cordng 10 the statement OF tho plaintiffs counsel he ap
piled 10 Judge Russell for order Tor the return Of hv
give him such order subsequently however at ths
solicitation OF the sheriff that Judge gave order To the
property clerk for the delivery OF the property 10 the
complainant IN the criminal proceeding and u - ds'
iyered The pl1inta therefore make. Bogeb the pTc
nt an a1 baSs 1s es SnsSS st rSR s ,ot
stating sufficient grounds for action against them.
and the came up motion 20 declare
the demurrers frivolous In the OF the argument
plaintiffs counsel reflected somewhat the acton Of
Judge Russell when the Court suggested that such re-
Bcecber's church The Court held that the complaint
showed no ground OF action against Mr. Kelly and "A u
did not appear that Judge Rasscls order was made
officially, there nothing to show any authority IN u.
and therefore nothing which to connect him with the
hand had complaint alleged that order made
Officially, it would nave fallen from scylla 20 Charybds
would nOl have been the subject OF action.
Motion denied with $40 costs TO each of the Defendants
MI. Gerry for defendant Russell MI. Bedford for de-
fendant Kelly; Mr. Hrsch for plsintd
THE INCOME PROM I EXCISE LIcESsFs;
In this case in which the Board OF Excise
asked the instruction the Court 10 the proper
licenses &c. whether the Metropolitan BOARD Of Police.
under the law Of 1866 the sinking Fund aaoordg TO
REALTORS the Commissioners OF the Sinking Fund.
TIE sTILwELL ACT-PROFITs or TOBACCO
BUSINESS
william IT. Gooiyin agt Marquis D. r. Sbirtsy
The parties to this suit entered intO part.
nershp the tobacco business. and made sj5Does
profits The defendant having obtained possession OF
the partnership assets the p1inh was put 70 SUIT in
which the defendant denied everything A decree
ultimately given for the plaintiff, but when the PLAINTIFF
sought 10 enforce the judgment was found tha' al the
defendants property had disappeared He was pro-
ceeded against under the 5twel act, which allows the
imprisonment OF debtor who refuses &C. disclose his
property and under that act imprisoned. The n9tter
has been two three times motions OF MT Sarkey
70 be discharged The motion has been denied the fol-
lowing being Judge Leonards decision the las; mo-
ton
This application should denied or the facts aud also
because the petition h detective within te OF
Harlow agt Bauokrr 1 Scld. l06 Tae PRISONER
convicted of cODceal his property we'll OF dispos
ing Of II fraudulenty II he not guilty a. the
time he adIdgcd 80. lie must be guilty now. Tor he
las not this application disclosed any OF the property
10 which he found guilty Of cOncealment Had he
been found guilty % frauduenv Transferring or dts
his property, the transfer OF his ttc 70 an
assignee to be appointed by the Court would be Just and
fair and could then be reached by the creditor Not so
where debtor cOBccals Tie transfer to such assignee
then gives remedy. Nothing can be found by the
assignee till the debtor dlsCOscs what has been before
hidden. The application is denied
Br COursen and hr Burrei for defendant Mr. Arthur
and Nr Fullerton for plaintiff
DECISIONS.
Before Justice Ci.ERrE.
Charles Cheney et al. AIT. Alice BisJane e. ad0tiDn
granted, and reference ordered 70 T. C. BcaiDi % lake
proof OF the facts and the amount due the bond and
mortgage.
The Same agt The Same Judgment foreclosure aud
sale ordered X. C. Beaniis appointed Referee 10 sell
Before Justice LEONARD
Tie People rel. John T. Hoffman ct al agt Tho
Metropolitan Board of Excse.he writ Is granted with
costs.
In re- Marcus d. L. sharkey debtor 10 he discharged
from imprisonment -Motion TO discharge dened