New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-13
Law LNTELLIG ENCE.
THE CIVIL COURTS.

Returns of process were made before Judge
Batchford yesterday in the United States District Court
aud claimants appearing for the followng-named
property motion Of Mr. Daniel g. Rollins jr DEGREES
were entered condcmnng It by default Tobacco factory
nj Nos % and % Pcllst; two plugobacco presses etc.
found al No ~ Westst % bbs smoking tobacco found
Wie6's; three bills. do found at No lss Houson,st;
bbs distilled spirits found at No GO Front 20 Dds
do found near No 500 scyenhavc 20 bbs do f0und at
"sauger-" W Thrty-hfthst IL bbs do fonnd III tran,
sit from No als w Thirty seyentst IL bbls 90 ionnd
on Pier No North River; IL bbs do found NJ NO ~
southst 10 bills do found the corner OF Thirty
and Ninthaye; bbs do found ut No 9I NeTst; nHS
bbl~ do found az No 81 Bcayerst Two DDS 90 iouuh
Delanccyst., near Forsythst ., -.
day as follows Petition Of Charles Graham OF tins cry,
referred 90 Register Williams, aud OF Antonio 1ohzales'
also Of this city. referred to Register fich o, MA
The case Of John Hcistand agt. George h. OnS, was
concluded before Judge Smith In the supreme Court yes
terday Heisiand had obtained contract 20 carry te
mail from Atchison Kansas, to Folsom. California ana
other places four years, at si5OOO year put ny hn
agreement with defendant threw up me contract 10
defendant pay plaintiff $1,000 Ter wit ti H
Ing. Plaintiff proved Ivy two witnesses that ae,
%iihdrew wa" ON The other hand defendant testified
tun the payment Of the amount was ,SSf dfCnanf did
not Obtain t through the action of plaintiff The court
ordered nousit on tho ground that from the evidence
N annsared the aereement was void. ms being against
public policy interfering with competition between o'u
dem FOR a Government contract.
In accordance with the inmation OF the General Term
Yesterday the FOrman Win has been sent back To
the Surrogate decide which OF the two papers offered
by the proponents VIII Is the viii OF Mrs. Forman
Jacob COM on the 18th OF September. 1868, while driv-
ing "a load OF bricks across the Hudson River Railroad
track near Mount Pleasant was struck by the express
train and killed. His oxen were Killed al the same une'
but the wagon uniuiurcd. His widow. Henrietta
CONF bring, suit for 900. The defendants had no Nag
the point whore the road crossed the railroad
hut the Railroad claimed that II was private ROAD ad
that they were bound 10 keep agman IL was also
shown that the defendants train was going at high speed
when the accident occurred aud tat with tho Ceaner
break the accident could have been avoided Inc
defendants. on the other, hand, claimed that
nv the side Of the road which alone prevented him
seeing the approaching train in time and that at any
rate no could saved himself but for his obstinate
driermnatl1n 10 his The Court charged. as
usual that Conzs own negligence contributed To tle
accident, he cOud not recover Inc jury were areoeu
by Judge Barnard 10 bring Ia sealed verdict.
The following opinion Of judge lngraham tsupreme
Court is published to prevent the nakg OF useless mo-
tions: Albert NJ Palmer agt John NJ Hodges The com
pant to recover for the conversion OF certain STOCKS
The right hold the debtor on ca sa does not depend
on The question whether previous order Of arrest had
been made but whether the case made out was one when
was the complaint aud on the trial 10 be tort
The complaint Is under Sub. 4, Sec. 40 OF the
Code and the verdict OF the jury established the
nv section 2.s defendant Il liable to an
where order Of arrest has been made or Where the
complainant shows the Of action 20 be as stated In
section 7g orwn agt Frecland, Selden, 5J6 The va
eating order Of arrest does not relieve The defend
ant from liability 20 arrest Cor the causes above stated
The eases referred by the defendant In II Abbot 6and
Is How lG9 were m which the defendant could not
b arrested without order and In which the complaint
did NOT show The defendant be liable TO arrest The
distinction is stated by the Judge IN IL ADD, 3d. The
finding Of the Jury accordance with the allegation In
tbe conpant shows the liability Of the defendant to be
arrested Motion 10 discharge defendant from arrest
denied, with 90 costs. .
Ann Connaughton accuses her husband Thomas dn the
Court OF Common Pleas) OF habitual adultery and
drunkenness and has brought suit for divorce and COM
plains of him that he has not paid her alimony but has
come 10 her house and assaulted her repeatedly using
OppTObiOus language 10 her. She asks An injunction
against HIM lie denying her charges. says she follows
aud annoys him The Court orders that neither trouble
the other except In due course Of law
In the Superior Court Trial Term, before Judge Jones,
the suit Of Frederick Hadencamp agt The Secondaye
Railroad CO. was trcd This Is suit for damages for the
I.aa nf onf reckless ~
street ear. The plaintiff got on the front platform OF
car OF the Second Railroad the 18th ofJny 1861
and the car running stone, was thrown on the car
passing his left leg and foot The case n sun on,
but Court held in the OF the trial. that where
AN unusual accident shown the carrier was bound 10
show that they had taken every prechution against aCg
dent aud that IL had happened without their mutt ne
also denied the motion Ia nonsu on the ground ,t tue
plaintiffs being the front platform Of crowded car
was negligence