New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-12
SUPREME URT-CHAMBEEs-JAS. u.-BcfOre Nj
Justice BARNARD.
ANOTHER SUIT AGAINST GEN. BUTTER.
Holm ID. L-.-ar a.. Beui----- u E-L--r.

ANoInF Il III IL 1890 fSi III p E'i En-
This case, like those reported yesterday comes mp
Oh motion to transfer the case 10 the United states
Mr. Campbell on behalf Of the plaintiff read affldavits
10 the effect that the plaintiff had, at the outbreak of the
Rebellion. been Hhabitant Of Richmond, but in Janu-
hry, 1862 in pursuance OF the proclamation Of the Pcs-
required by that proclamation. From there he reported
transportation of his family from Richmond by nag Of
truce boat lie then went 10 Fortress Monroe and there
end chain for llmOntls. Further $4,000, with the
PLAINTIFFS books and papers, We're seized; but all the
money except 500 was returned 10 him. There were two
suits one for tic false Imprisonment and one for the con
Mr. Campbell Claimed that this was not within the
statute so clearly the arrest OF man having protection
could not DC Dy me authority OF the PRESIDENT or Con,
ths there had heen besides the original arrest by Cen
he denied that this was of any validity whatever.
Mr. Hacket in replying, spoke OF the continual attacks
dice that had been thus raised against lin in the com
punity. He alluded 10 the case tried time ago in
the Common Pleas in which he had been stnatized as
godrobber but in which bis honesty had been clearly
demonstrated lie argued that there could be no great
ccrned, in transferring the 10 the u. S. Courts
barely feet distant and contended that was right
proper that these eases should Transferred 10 those
Courts As TO the matter Of law the simple filing Of the
petition itself transferred hom, but it had always been
the custom TO give notice Of every proceeding IN every
vase in these Courts 20 the opposite attorney and It was
The Court reserved its decision
CIEcUT-JAE. 1l-Before Pr. Justice SUTHERLAND.
Herr, n kg cop y o ~ Wn LS g. To,,
q
transactions but the real gist u the action was whether
certain check Tor $1,000 in gold was or was not delivered
par q the plaintiff il was testified that The check was
delivered by Of them at lOmuutes past two in great
hITy-the last moment for such deliveries being at a
quarter past tWOand that few minutes after Einsten
kosenleld Co., received il from the defendants. on
The part OF the deiendants 1t was testified that such
check came TO their hands.
The question was pure question Of fact and the jury
found IN favor Of the plantin Tor 1876 The value OF the
gold and interest TO which The Court added allowance
Torrance, spauldng and Richardson and Mr. Cram for
plaintiffs T. sprOut and Dir. Allen tor defendants
euFEfiORcooRI-JAN. u-Befoic JONES, Justice, and
LIABILITIES OF sURETn.s IN BOND OF INDEMNITY TO
Sn'had 'st John Hs5i j. John T. Henry, 81. aud John
John r. Henry, IT,, obtained Judgment in the Marine
Court against Timothy NJ DrscO, in February l6ce and
execution was issued TO hc Sheriff who leyd upon prop
Tho defendant executed bond Of indemnity TO the Sher-
iff who then sold the property. The defendants counsel
raised the point that they not liable because the
bond Of indemnity aid not Iece that the plaintiff claimed
Tho Court overruod the objections and directed YER
oict ioT plaintiff verdict 500 69 upon which the Court
Lewis Johnston for plaintiff J. II. Anthon and John
SPECIAL TEIM.-Before Justice MCNEIL
- ~ DECISIONS
Geo; w Tooker agt. Geo. X. Rockett-Order settled
America agt Russell Dart; Chas. Goodyear agt Edwin
e. BIO0kS DI granted Geo, p. Archer agt. The
Koch-Motions granted with costs
EOURT OF COMMON PLEAs-GFNERAt TrpN,T.. =,
Before Judges DAILY, BRADY and CARDozo 49,
FINAL DECISION IN THE LIQUOR CAsEs-Excrrg,,p>,r
IN COURT.
In the case OF Holt agt. Schultz ct al Commits
sOners Of the Board Of Health the Court YESTERDAY morn
ing decided that tue order Of the Special Term sh6ud b
reversed and that this decision should include All Tie
Ceses which had arisen under similar orders out OF ths
Court The number Of thus decided Is about 300
Dir. McKe0n, Mr. smythe and number OF other conn
sol who represent the interests Of The HQuOdeaers in
qurcd whether the Board intended TO enforce the Excise
law at once. Mr. Bliss replied that the Board had no
wish 10 be oppressive tyrannca and that the prOy
Of tho law would not be enforced until next Wednes
day. dr. Smythe and others argued that weeks time
should be granted 20 enable those who wished put in
Applications for licenses Mr. Bliss On behalf Of the
Board agreed TO postpone the enforcement Of the law
Until next Friday with the exception OF the Sunday law
winch he gave notice would be ngdly enforced On the
Mr. McKoOn, in the course Of his remarks denounced
the ueeSon OF tho Court OF Appeals as bogus This
nsIh oaied forth round OF applause from the audience
va promptly checked by the Ocersi IN attendance
ORert the decisions Of the highest judiciary tribunal
me otate 70 De tlus mpugned and II the counsel per-
el ~ buch remarks the Court would take measures TO
sS9rt is authority, aud the demonstrations which had
0ccred on the part OF tho audience were repeated
ne Court wOuld resort 70 more stringent measures
Mr. hckeOn acce pied the rebuke me CONT INT efafed
that his views were unstered. wv" ' "'''N
THE CITY RAILROAD TICKET sVf,,nrP
Elliott Walker sg The Dry Dock East Broadway aud BSt,v p,nd
Nempany
The facts Of this case as appear from the papers, are