New-York tribune., 1867-02-16
SUPREME COURT-CHAMBERs-FE B.--BcfOre Mr..
Justice LEONARD.
PART OF THE COMPLAINT
Charles Reade Charles n. SgeeIer and others

THE GRIFFITH GAUNT CAsE-MOIIoN To sTRIKR OUT
PART OF THE COMPLAINT.
1t will be remembered that the defendants, In
yrl pg94a ee.s IN on S9 Mrs fd aao novel
Gaunt" then being published IN the Atlantic monthly"
and the "ATgosy" These criticisms called out from Mr.
Reade letter. known best. perhaps, as the Prurient
Prude letter published at the time IN this paper In
tins letter he announced that he should commence legal
proceedings in the matter and he accordingly has com
menced against the defendants The SUIT now comes
up motion 10 strike OUT part OF the complaint a mr.
Reades complaint sets out at length IN three distinct
three Of the articles complained Of and charges
that they injurious TO him personally He then, IN
counts out the same articles charging that
author and aleeinS special damage The motion yester,
day tke out one OF these sets or counts or eompe
It was urged by the defendants that single statement
was sufficient however many capacities Mr. Reade may
cause Of action was to the very repetition OF
which the code was designed to problt and thas
this useless complication injury TO all parties,
Court jury witnesses, and counsel ana especially TO tho
opposite party, he might have TO print the whole mat
The plaintiff on the other hand claimed that tho
injury was receved in two capacities the private
citizen the other professional man, there were two
injuries two rights of action. and hence necessity to en-
able other side to plead properly OF two statements
That in so far as il was a return the old practice, 1t
the that gave 70 the old practice which had
possibly afterwa.d been exaggerated The form Of plead
ing had been adopted after much and consideration,
aud each statement presented clear ana sEtilelens
Of action which would not II standing alone Do
stricken out they should be allowed TO stand together
The Court held that here was mere put one cause OK
ages. That the code required plain statement OF tho
of action without needless ItpcutlOH ne
direct an order 20 entered that the plaintiff elect
which he would rely but ne would permit the PLAIN
tn he desired, 10 amend SO as TO Include all ms claims
in a single count.
Order entered accordingly. -,,-.,,, A. g.,
Mr.. Booth and Mr.. Sherwood for plaintin MT Sewen
for defendants.
POLITICS IN COURTS VIRGINIA A STATE '-HAs SHE
ANY STATUS IN THE NEw-YoRK CoUKTsf
In George olney. SC
In the reports yesterday appeared short state
ngton irving for running away With the steamship
Norfolk Va after she had been seized 10y the sheriff on
attn A Gov. Tnau wa her
and stopped her. but she again ran away ana came 70
this port where the captain delivered her 70 her owner
which was served Detective Eust9ce, who had him in
custody and Capt Olney in place Of being taken 20 Y
gfnia Was Yesterday morning brought Conrt
The following is the return OF the detective po,.,o
holds within George ODey euodr do oer9 ad return 20
1 G s1 ~ @ sf,5 'n @ sSq bS S m See RSute1 ie1 ossos
Of the Of NewYok commanding the arrest Of sad Ome sDd TO
receive said oney, and by hm td Dg to be fon.eld ne
State Of virginia herewith produce the Ongnal wMrm, for tho
With this writ produced the warrant from Gov.
FeRtOn directing the surrender Of the prisoner
asked for time to decide on bis course the matter He
thought he should demnr on the ground tat & theIe was
United States had treaty with her. and she was nos
recognized @ by any Gep6S m 6aHr G tne s 'e
Judge Leonard thought perhaps some member OF Con-
principle TO right he would nd some trouble in getting
over the rule about de facto governments
Jndge Dean suggested that Kamsclatka might have
dc acO government and yet men not be eXtraded on ts
demand. In the Savannah piracy he had himself
heard Judge Nelson charged that We could only KNOW
has been appointed President and Congress has n
tmated that the President has not the power to make
such appointment. =. -, ~ 49,. ,..-
suggested that as oyer and TermneT Court was
sitting the writ should have been Tcturnahe there and
asked the Court discharge this writ ana leave the Pe
toner TO apply for proper one. ,.-,,,
The Court refused as it was matter oflOrin wnlcn
would result in bringing him before the same CohIt az
once but argued that the position taken ny Juoso De"n
Mr. Dean-Either Virginia has seeded or she has not
II she have, how this ofense oI eseipLR nOn . ne
civil authorities exist IL she nave not " "ha' A""
ity does Gov Perpont make this demand
y1oe TeonarII don't think there is any thng IN yont
noint N Congress- have such idea, that virginia
moi state don't think shall concur nnth am COM
plr" The case was then adjourned till to-day at IL An
DECISION.
Johanna Seblesincer act Abraham Schlesinger-
Renort OF referee confirmed and judgment of divorce
granted. -, o,.xo>,x,
Francis NJ. Bi1by agt Leopold Schmidt and aOober
This was the motion reported IN our columns on
the gth m t. in which the defendant sohinut, nssGa
an order for his examination AZ party DeIVe uai, W
the ground that, being Consul ne SouI & na med ,n Ss
United States Court. The dtIenuaht ~ w
General of SaXony, and the planuffs couse suggesko
that Saxony. having been absorbed, cOuid nave no
SionsnIs or Ministers The matter then lald over
obtain information from the Prusslan envoy ieseIua
letter from Won Gerot was read, expaines tnh
SaNony still retained certain r1Xhuh, thouKh III VIC ~
sence ~ any OF SaXoDy in any counytn
PrIlssian Minister, under the convention enteteo ''
wear looks after the interests of Saxon subjects ,.
Mr. Iapaugh further explained that saAony IA" Ia
been absorbed, but her King retained ns oo
with the approval Of the King OF Prussia MS "'''
and Consuls , ,.,,ios ,he motion "a
examine the defendant. -. - I, .,a,gh opposed
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