New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-26
Law INTELLIGENCE.
TILE CIVIL COURTS

The administrators of the Christy estate has
commenced suit in the Court of Common Pleas against
the special administrator and collector for an
Prior to the filing Of the BILL the pa nt eonrng
the defendant TO account In puIsnante Oh tI & re
the defendant appeared before the tbe efnrn
day OF the citation the plaintiff had served n9Sce ui
one Of the clerks OF the surrogate slng t' sr' PSr
ceedng before him had been Withdrawn; put no oi.I
having been entered IN the surrogates CoHt ud1 W,
missing the proeeedng the O and HS moved
for a decree adjusting the defendants aeecountsi;
1t appears that the defendants counsel tnsn and
several other grounds Prior 70 the service Oh tnc u
the plaintiff had procured an 0rder JOE d S After
the service Of the demurrer defendant moved 10 Ely
SSS Wss argued before Judge Brady Amos O.
Hull counsel for the defendant c0ntended tha e egs
aure in comforting jurisdiction upon surrogates Courts
~ tbe matter Of controlling their conduct and settling
the accounts Of Executors anu Administrators, nau ue
signed 10 spersede the necessity Of resort to Court OF
E5uty for that purpose Ceiting IL NewYork, 327) lie
argued also that serving notice on inc SurIOGates
Clerk did not discontinue proceedings In that form
and that the only way that the proceedings could
be lawfully dismissed from the Surrogate Court was by
the entry OF order for that purpose citing Bradford
COZ ID ls9 Mr. Hull also cOnended that the proposed
examination Of the defendant was premature citing II
Abbott 2l5I Ii Howard SIS; 5andfOrd 7ls B. Smith
insisted that the proceedings before the Surrogate were
bar TO is suit and cited Paige, 2l0 Judge Brady
held that the examination Of the defendant premature
no having been found by the peadngs The rule is
settled In this Court Watson Gage, 70 Abbott Psi 1t
unnecessary therefore, TO consider the other question
presented on the argument The relief asked by the de-
fendant is granted and his further examination will be
stayed until such proceedings have been taken as will au
thorize its continuance. Ordered accordingly.
An important verdict rendered la the United states
action being 10 condemn three barrels spirits and
the dstillefy at East Twentyffthst owned by
VIM Whelan. The Government counsel j. n Ihells
ana Daniel q Rollins Assistant United States District
Attorneys produced proof that the notice OF Whean 70
tLe Collector Of his District was false IN It's statements O
be names OF the parties engaged In the business and OF
the kind and capacities OF the utensils tools and imple-
nents used, aud that the entries Hhich Hhaeh maue
upon the book wherein he required by law TO enter
daily the quantity Of materials received and spirits dis
TILED were also false The defense put In the evidence
| OF the "masher," who was employed by Whalen, who
testified that the entries we're true, and that the notice,
on nOs fov WhSen' Messrs Barnett and Bird
SAIL asked the Court TO charge the jury, that II they
found the notice was false they to upon the
anestion Of intent The Court refused holding that it
was the business Of dster to assure himself OF the
truth Of his notice Counsel for defendant further asked
tre Court TO rule that barrels " the whisky pro
ceeded against in the suit were in bonded warehouse NJ
the time OF the seizure 1t could not be forfeited TINS the
Court also refused This Is an important point, as IL
oyerrdes the instructions OF Commssoner Rollins 10 lhe
Metropolitan Revenue Board, 10 the erect mat WHISKY m
bond Belonging 70 party who has committed IiAud
cannot foeited The jury after an absence OF Two
! hours brought in a verdict for the Government.
Petitions In bankruptcy were fled and referred as fol-
lows Petition Of Patrick MCGEE, referred to Register
| williams; Of VIM H. Chapman, referred to Register
FlIch OF Albert Mouon, referred TO Register Dayton,
! and Of Richard Marsh, referred TO Register Allen
on the strength OF the recent decision that the ordi
nance Of the Board Of Health against saugherhOuscs
was invalid the butchers have applied 70 the Supreme
for junc ion against the enforcement Qf tle
ordinance relative driving cattle through the streets.
The argument down by Judge Barnard for next
| Friday.
| Another remarkable decision In railroad case was
rendered yesterday by Judge JONES Of the superior Court
I'm the case OF Harns ugt the Central Park aud North
and East River Railroad Company. Only side Of the
case WIS presented and the facts shown were Aat the
plnntih boy years 81 age was playing IN the
street and Of the dufendAnts cars, which
was going down the hill, al FfticthS West ana First.
ave point the boy turned on aud he crossed
the other track stumbled and FELL and the mp car rau over
him rendering amputttiOn OF one or his rga necessary
10 was testified that The boy Tell p rect distant nom e
car that the car being on an upgrade where additional
horses were needed could have stopped within ~ or 10
| feet and had bells On this testimony the defend
ants moved for nOn-sut, and the Judge utmdtnR mat
there Was sufficient evidence o negligence on theli pGt
rested their claim the contributing negligence Of ne
Judge Jones ruled lnt on two grounds he must grant
the uoisuit FIRST Asarcady decided by lim last week
hat Il wds negligence Ia boz Of tender years 10 De ~ ~
street alone: ana, besides the boy IA rulunS alier h
orc cnr had excluded his view Of the Other and III thu
attempting 10 cross the track was guilty of negligence
Infs rasr OF George T. Frcncn & Co agt. Tie Adam
Express Company Was urgued yesterday p'd1ie 9us
| I,iral,am, m the Supreme Court ChauDcf-. lhe pam
tins claim that they delivered 90 the dcendluS' al 4
mimgton n c. shortly after the fl OF Fort fsleI PACK
ages Of money 10 be sent 20 Baltimore ana Newly Ok
and that the money never reached It's destination. TIA
defendants claim hrst that the money was never sel
secondly that " IL was, II was sent upon the steaue
Gen. Lyon, which burned ut sea, and tEat by III
receipt they not responsible r each ptOptrtl ah
| thirdly, TINT ~ notice Of the nou-dclWeTy 10
given within thirty days, the Company not respOus
pleas we're Incompatible and that the delivery ~ a.
money must be admitted u order 10 make the Temaude
OF the defense valid n. Edwin 1icmau for plaintiff,
Backford, Leonard, aud Griswold for defendants.