The national Republican., 1867-04-11
THE COURTs.


"WEDNESDAY, April 10, 1857.
On motion Of Mr., Ewing, Samuel A. Riggs,
Esq Of Kansas, was admitted an attorney and
counsellor Of this court. IA
On motion Of Mr.. Eysrt,, John A. Bolles,
Esq, was admitted as attorney and eounseller Of
this court.
No. 42O. Josefa dc Hsro ct al appellants vs.
The United States. The argument Of this ease
was continued by Mr.. Wills and by Mr.. Carlisle
Of counsel for the appellses and BY Mr.. Evarts,
Of counsel for the appellants.
! Adjourned until tomorrow at II O'Clock
Eguity-Ths remedy BY injunction IN The Fed.
erdi COURT The right Of trial by jury WILIdn
| Wat,o, ct al rA George A. Sutherland.-ThiS
| 10 an appeal from decree Of the Circuit Court
for the Maryland district, continuing an injunc
tion previously granted restraining the appel.
lants from selling tho property Of Sutherland,
the appellee, under levy made thereon In salts.
faction Of a judgment obtained against one
| Wroth. The injunction was granted and con.
tinuod upon II appearing that he was the real
owner Of the property In question, 1t having been
alleged by the appellants that the property be-
longed to the firm Of which Wroth was mem.
ber, and that, although II had nominally been
purchased by Sutherland, the real ownership was
still In the pretended vendors. The main ques.
tion presented 10, Does such q case give jurisdic.
tion to the court sitting in equity' The appel.
lants contend that 1t docs not and that, there.
fore, the injunction was improperly granted and
| continued.
Congress Is authorized to establish inferior
courts and by the act for that purpose II Is pro.
vided that suits in equity shall not be sustained
in either Of the courts Of the United States In
any case where plain, adequate and complete
remedy at law may be had" By the adoption
Of the seventh amendment to the Constitution
proposed by Congress at the same time as the
judiciary act, the people Of the States and Con.
gress have declared that the right Of trial by
ljury shall depend neither upon the legislative
or judicial discretion.
Tho appellee contends that his right to tho
interposition Of equity by the way Of injunction
Is clear on established principles constantly rec
ognized by this court. II Is not enough to oust
the jurisdistion Of equity that there Is q remedy
at law. The remedy must be as adequate,
practical and e1icacious to the ends Of justice
and Its prompt administration as the remedy in
equity" (Boyce's Ex'r VS.. Grundy, 3 Peters, 2l0i
United States vs. Rowland, 4 Wheaton, l08;
Osborn vs.. United States Bank, 0 Wheat, S4l-2i
BarDer vs.. Barber, 81 Howard, 59l-2; Parker
vs. Winnisipiseogee, 2 Black, 55l.) And this
principle applies whether the injury be to real
or personal property the true and only test Of
Its application being the absence Of adequate
remedy at law for tho wrong done or contem.
plated. In this case the remedy at law wai
wholly inadequate, for repleyin against the mar.
shal could not have been maintained and against
purchasers would have required multiplicity ol
suits. No action for damages would have reached
the injury, for It would seem to be clear that
neither plaintiff proceeding in good faith
against goods which he believed to be the good
Of his debtor, nor q sheriff or marshal executing
such process could be held liable beyond the
mere injury done to the property or Its value II
taken.
It is also contended that the Court Of Appeali
Of Maryland have determined in favor Of the in
junction, In an injunction proceeding growing
l nf IL hiah A.
in the Circuit Court Of Baltimore city. az
]. Moran Campbell and p Mclaughlin TO
appellants, and Thomas S. Alexander and s. 7
: Wallis for appellants.
CRIMINAL CoURr-Judge Wylie.-Uni
ted States VS.. Charles Howard, indicted for lar
eeny Of billiard balls Of the value Of $50, wa
found guilty by the jury. and the judge sentenced
him to be confined in the District Jail for 81,
, months.
Mary Buckley, indicted for keeping bswd.
:. house, was found guilty by the Jury and sen
fenced to be confined in the District Jail until 1
o'clock yesterday.
Maria Payne, indicted for keeping bawd,
! house, was found guilty and sentenced to be cen
fined in the District jail until IL o'clock yester
, day.
John Hughes, indicted for larceny, was fount
guilty and sentenced to imprisonment in tn
- Albany penitentiary for the term Of three yeurs
Alexander Gordon, indicted for larceny, wa
found guilty by tho jury. Sentence in abey
: ance.
James H. Mangum, indicted for passing coun
7 terfeit "greenbacks," is no doubt the scapegoA
Of some designing band, and made tool Of b.
them In the nefarious work Of flooding the ooun
try with counterfeit money. He Is an ignoran
man, as he can neither read nor write.
CIRCUIT CoURT-Chief Justice Cartier
John ]. Mohler vs. David S. Goodin. Verde
for plaintiff. Damages assessed at one cent.
Lawson VS. Barnes 4 Son. Judgment pr
cOnfsJJo..
Francis c. Adams vs.. Geo. B. wray. Judg
ment by default.
Daniel HarOd VS.. Geo. W. Miller. Judgmon
for plaintiff for ss4.l4.
. Merrell VS.. Aldrich ct al. Judgment for plain
tiff for $lll.OS, with interest from 2Sd March
1865.
Davis ct al. VS.. Lansdals ct al Case on trial
will case, which the heirs wish to upset"
Jos. Libby, lr., VS.. B. F; Bsvcridgs and J
Buckley 4 Marbury, jr., VS.. Bateman 4 John
son. Judgment by default
II COURT IN EQUITY-Judqe Oltn.-Hard
vs.. Hardy. Cause submitted to court.
Baker vs.. Washington. Order Of publication
, against non.residents.
Blake VS.. Wood. Decree appointing DR.. Joh
D. Blake, trustee, instead of Christopher An
drews, deceased.
Dyer vs. Dyer. Decree confirming auditor
report.
:. The will of the late Andrew small, directin
! that his remains shall be inferred In the buria
place on his farm, near Jamestown, Maryland
. and q monument to cost from $500 to 81, 900 h
be erected over his grave. He bequeaths his farm
Of 45O acres, with stock, house and furniture
and s., 900 in money, to his nephew, John Small
and legaoes Of 81, 900 each to number Of hi
nepheWs and grand nophews and nieces, anC
=, $35, 900 to the Melville and Darnestown Presby
terian church. The will is dated August q
= 1855, and nominates S. Humphrey, ] A. Ruff
} and j B. Monroe executors.
A LENA NDER & SOLLERS
/ IA PAPERHANGBRs AND UPHoLsTBRKRb
Importers and Dealers In
| FRENCH AND AMERICAN PAPRRHANGINGs
AND UPHOLSTERY GOODS,
No. jo7 Ninth street west, between d and x street,
apO.sm WASHINGTON.
DOR MOUNT VERN