The national Republican., 1867-11-02
THE COURTS.

SUPREME coUnf-GENERAL TERN-Chisf
ysstiee Odrtr and Associate Justices Wyite and
| Fish,r sat In bane yastsrlny
CALEsDAR cAaEs
The eslend.r the esse set f6r trial beiug 80. U6j
James II. Washington ". . n KimmelI ct al
This case wolves property to The smouut on about
800, and A. en heard before by Mr. JustIca Wv
lie. from whose Judgment the case now comes up on
appeal
The sub,tsnto OF the suit, dive ted Of leg Il teebn.
caliiies, as flows: Last spring James Green
fore Justice N. H. Miller for small deb Miller
gave judgment again Washington, and 0hcer Kim
NELL seized ahd was about to sell Wellington
property in execution Ia such case the law gives tho
bond with snretics to pay the debt and damsse- iu
case such are awarded against him, and keep the
Ptopry THIS process l. ca led "repievin,h and the
bond thu. tsssn is Known as "feplevia. bond. -
w1hitgton aud Clark" In this case, gavo a re-
pisvin bond upon which the mo of dTeenberry
suretles
Upon dsmOst bsIng sivtn on taI- bond as.n.,
solomon, the .urety, execution was issued sRsIn,t
his property. Wien It was ought by Marshal Gooi-
ng to levy execution upon the bond ap,a Greeuberry
solonoa's property, sUlUnvn claimed that he had
never signed the bond aai nsysr authorized any.
body 10 sign l. for him. II was admitted that iha
nam, o. Solomon vas siEnol to the bond by OGierr
ngielow, who states that he did by Solomon
authority. This solomon denies and tie testimouy
upon the fact is conflicting.
application to Justice wyle last IN ,5th ADD Jut CO
Wyli eDjoibed Marshal Ooodlog to stop all o.
es.d nss ior the sal" Of 30 omoa's proPsrty until
iuHher oder. To msks this irjunett0u sf-ctvs
bond was needed, and solomon be bg poot old mar,
Justice Wylie allowed hin to gi,S bond for the
a minsl srm O. ten c'bts The otho' parties thick
lng Judge WJlie was wrong, bring the csse before
all the Judges sittlDg in general tenn to try snd
have Justie, wyles dtct lon set aside, aud the
marsh i allowed to go on and sell soomou's pop.
srty.
o.s Baker argued that tho arpellaqti showed co
cause TO revsrse the decision below.
MI kidde rose to reply.
Justice wylie a'ked Mr. Riddle what motion hr
hr k'ddle respond, ihst the ca was he Q upon
'rPrai from the decision below grating an iG-
uuctiun
Justice wylIo said that the cour. had decided 70,
10 hear appeals upon T. npora'y iDiunctiyns
Mr Riddle in'isted that though temporary in
iofm the inJunet on went to the merits Of the case
AeH was, therefore, apPsalAble.
, justice Wylie sought to expIEH tho tGsei Of tho
inluuction below.
M. Riddle. uGdentand the difference between
temporary aud q p-TmanHut Injunction; { do. I
lake AK, a whole term to explain that to one even 10
,tllted as am.
Chief Ju,tIeI Cartier The dIseu.s sion mast bers
peeU a. 10 the court Hnd It thus sppea's mo- { b.
MT. Riddle said thst be stood Ts'ubtt Hud yas
e.dy To offer the amples apology for hs frII iDr4.
able even IN heat, Of trSnsrs.'iDg tbs pr P1r de.
Justice Wylle said that the case might be msttys
lotion to dissolve the Injunction.
IL was doubted whether .u:h motion eoGld be nled
D general term
The eout ordered the ru es to bo amended 60 as to
icIuds motions to quasb, ,st a.ide or dissolve IN
&c TS!oa, 90 IA and sSeh M writ.
ssoive the ipjueetou grated below, and the csss
as then postponed.
No IL. Distdet Court United States vs. lot TO-
M as seo5a,estion case, aud came up upon mo.
on by Mr. Merriek to amend the writ Of -rr,r.by
riking ont the attsstttion Of Chief Justice Chase
I'D Inserting that OF Chief Justice Cartier. hner
fHument the court reserved its decision.
hhd her some unlmpOrtant businsss the Cuarf
iJourasd.