New-York tribune., 1867-09-06
3musfmtuts
CIVIL COURTS.
sURPEME T-cHAnnrns Before Justice Lro~


DICTION OF JUDGES OUT OF COURT.
Bolies. Recr.. Sc, agt Dng ard others
Yesterday we reported the curious confusion
0f orders that had occurred in this case on Wednesday
The last order order retaaDe yesterday granted
by Judge Leonard, to SHOW cause why is own earlier
Judge Barnard's order vacatirg the Injunction
granted by Mr Justice Cerke should not DO ~.
restored Judge Clerhe's injunction, aud the motion
reached yesterday 10 set ASIDE this restoration OF the
Injunction aud tho injunction lt'elf TIE ground Tor
setung aside the order OF MI Justice Barnard was that
hls action In setting IN different Chambers 10 hear motion
while another Judge setting ~ the rosas Chambers
When the case was called yesterday Mr Thayer, the
PLAINTIFFS attorney stated tha, ne had just been sum
moned TO town the order 10 snow cauo, and had bad
no opportunity to prepare afdaylN other papers hs
asked that the motion be adjourned
hir Hall, on tDe part Of Mr Bayos. one 0 The defon
dants, opposed the postponement.
Ihe Court, with tl knowleGge o. the existence 0f ts
lease had appointed hlr Dht receiver and now tie
only question whether this lease w1s niudl0iOns
There was no aiday among the papers, Tor the CON-
plant not affidavit ~ show that the injuries feared
by the plaintiff we're irremedabis.
The case had been passed on by ore judge, aud hs
thought that decision should stand bo could not eon-
that If an INJUNCTION be granted by Ju1ge OF the Oout
without notice, the defendant may Apply upon hoce 70
Judge of the Court IN which tho action is brought 70
vacato or modify the same"
was meant by Judge" by rule ~ thc General Term
Mr. Han supposed it all aue Ienpeet 20 l1e Juuges"
the Court that that hld been liked by the Constitution
Mr. Justice Leonard wished to know II Mr.. iiaii wal
willing TO have the default before Judge Barnard opened
that would influence his action IN the case
Mr. Hall declined III any way 70 ADMIT Ihat ms pro
ceedngs irregular otherwise he would be willing
that the default should be opened and the case argued
Mr. smith claimed the right before any such
decision made All the plaintiffs asked was that they
should be heard, and heard in the proper place They
asking very little only to have week 10 prepare
10 argue this motion III was easy ~ say lat Tue ias
had interest In the matter but the charge made Dy
them in this matter was that Mr. Dun had, in c0usiOn
with his sOn-nlaw, Mr.. Hayes let 10 him Tor $1,000 and
pary UNDERTOOK to hire for $4,000 without requiring any
repairs But at any rate they were entitled 70 tms 20
might aferward bring suit. The policy OF the courts
discourage suits, and twas better that this whole mat
JUDGE Leonard stated that he would modify his prevl.
ous order by leaving out the injunction II appeared 70
apce While If any injury done by Mr Hayes going
on the plaintiff would have his remedy at law, and
Judge Barnards action were Invalid thefeuHder 'of
Mr smith opposed ths He had been hitherto arguing
merely the motion to adjourn They certainly had the
right 20 be heard the main question. This order
would entirely defeat them by placing Mr Hayes III pos
MI Justice Leonardo thought he was in possession.
Mr.. smith-No. lie is not.
was served him Saturday night Of course them
obedience TO the Court he could not get possession bu
made took possession and his carpenters and scene
painters went 10 work. and there IN ms own theaer Win
the keys in his pocket and with his workInen around
him. he served two hours later with your HOnors
order, and OF course desisted.
Mr. Smith-Whether that be so or not we are enttled
20 be heard After further talk an adjournment Of
hour had TO allow OF the plaintiffs getting hs
When the argument was resumed It was confined
mainly to the question OF the regularity or ndge bt
nards action Mr Hall claimed that every Judge Of ths
Supreme Court had coordinate jurisdiction without re-
gard time place. He cited Section 225 Of the COds
aud claimed that this section clear and must over
ride all rules OF Court The only exception made was IN
the section ITSELF viz Motions FOR new trials on the
minutes" The Judges carried the Court az least 40
much OF IL could be exercised at Chambers with them
In this the etiquette OF the judges not 10 DO
considered against the legal rights OF the parties bus
he claimed that this no breach Of etiquette hut
proper and legitimate mode OF proceeding. Ihey hafl
Of Court for their original order.
Mr Smith for the defendants quoted the section which
authorizes the Judges 70 make rules with the force of
Law In this District II had been directed by the Judges
that all motions notice should be made III CertDn
time and place In procuring All injunction they nad
that Justice Cerke sit Al this Court ana had
applied 20 him for that reason il WAS necessary RUE
IN this Circuit where 10 Is allowed 10 apply 10 othe1
Judges than those granting orders otherwise there mlgt
be 81 Judges sitting in NewlOr each az has own Cham
bers and lawyer IN large practice would have 10 Srcy
increase his stan Of clerks But beside tis would Ds
practically TO destroy the publicity OF Judicd pfOcet
ing. IL provision of constitutional law, confirmed
in this state that all courts should DO public TO estaD
sh rule that each Judge might hold court where and
when he chose would be 10 make star chambers through
Mr. Smith cited one or two cases 10 the effect thai
public policy required stated times and places Ior the
transaction OF this class OF judicial business.
After desultOry ratOn the Court promised
opinion to-day, though expressing its sense Of ne
delcacy Of one Judge passing Oh aACtLers actions
STATE COURTS AND UNITED STATES SOLDIERS.
In John Riley.
A writ of habeas corpus was issued 20 tho
commander OF Wletts Point 10 produce John Riley.
who II is claimed, a minor when he enlisted Mr.
Bell Assistant United States District Attorney, made
verbal return that he duly enlisted IN the United
States service and the Court tlereupon dismissed the
writ for want Of Jurisdiction