New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-13
CIVIL COURTS.
UNITED STATES CIRCUIT COURT-Before Judge
BENEDICr

UNITED STATES CIRCUIT COURT-Before Judge
BENEDICT.
"CENDRHLoN" AND sALIIE HINCkLEY REDiNiSlS.
In re- The suit Of AM Lewis Baker ast Per
This was a motion to discharge writ of nc crCat
York Theater have brought action the equity sido
Of this Court against Bre wster TO m aont
sustained from the nonperformance OF an agreement ,
tered into between them smith Base5 became smG Ss Mo
Hlnckley's surety for its performance -.
The terms of this agreement, in substance were t"t
salhe Hnclev should take the NcwYork Tleatfr ~ No,
vomber last-h was the time she produced anu Iay'
in Cendron for sixty days. Nun nnnrc N. ea
lshment pay Messrs Smith and Baker sSco per week m
advance every week; employ Mr.. Smith as one Of tho
eompany at salary Of 500 per week, and in rasc NJ
Baker was also employed then $50 per week a"""hai
plaintiffs aliege that Miss Hinekley broke the aere'-
mcnt by paying the amounts stipulated ana bings
the Performance OF the piece TO an abrupt tefnai"n
bv hasty departure for California, and that Br"s'f
was abont TO follow her. , -, ~, H.,
WHINE Of writ OF ne Great obtained the ground HAT
Brewster was citizen Of California having none nay i
Saorni taxing this property with him. and, therefor,
preventing plaintiffs from obtaining any icgaI iedI,,
At the time of thearrest Brewster gave ball and has'
In this city since
The motion to discharge the writ was s1pPo,ca y
aidsyits OF Brewster and OF Henry Buay Ticket asnt
OF the Pacific Mail steamship co. Bfewsters aWdaNs
AYERS that he is not resident OF Calfornia tha e =
resident this cty that he is not indebted 20 paHD
either principal or sHrety that MISS Hlnckey GRO "s
violate her agreement oIe a. bn be- Vas
going TO leave this city for California, nor engaSe
aRpfO
tie material allegations in the affidavit OF painilh' On
vhich the writ OF ne Great was granted A.. ,.,.,
The affidavit OF Bulay was TO the ehect fhat behei on
the list Of April last nor at any time since. has ucs't
been by the Pacific Mail s. s. Co bearing The nam"
was contcnded BY counsel for defendant that tho
writ could be sustained in the present care th'I"
beine a complete remedy at common law, but mat al
mitting this TO be suit in equity, the defendant 'o
not arrested either upon mesne or maj proees "
certainly not in inatOIy proceedings, and even admit
ting the right arrest the affidavit Cd which lh' VIII
was issued was entirely insufficient:
saaiI hat MI
country and could not reply PERSONALLY Ihs inii haa
been brought by them plantinsl against MISS ntrhsl.
violation OF the agreement and hat tne sur asaso
arate suit against him surety Counsel INTRODUCED an
affidavit show that defendant was arrested VIII. rh-
shin Companys vessels on the Ist April. Just
she was about depart and after all but passenees h
been warned leave. and that trunk with dehdabds
initials was near him at the time, and also announcer anu
dayt to the effect that the agreement had been man"
The Court said that unless defendant should show Ia
the Courts satisfaction that at the time OF ms .fhI
mia, the motion would be denied without any iui"i '"n
If was claimed by defendants counsel that defendant
was merely going the vessel 70 wish his friends yo"d
THE Court reserved its decision pending anhdaNits
show ng that defendant not attempting to def"iti"r
California at the time alleged
United STATES DISTRICT CoURT-Before Judge
BENEDICT
COMBINATIONS.
Returns of process having been made. and M
claimants appearing for the following pr1pny, on
motion Of Daniel IT, Rollins aesdemnne nv ramt
Distery at Nos ~ and 22i stanton-st; dse! al '"'
corner of Rivington and Cannon-sts. -
IN Neutrality-suspicious. Judge BIAISBi ,h
Petitions i'm Bankruptcy were filed by the following
Arson Martin Of Clayerick Columbia County,, y, =;
The New York and Chicago Petroleum Company Homer
swan Henry Giles, Arson HuDbei, Johh = M"'u'"'
aud VIM II. Clair, all of this city
SUPREME CoURT-CHAMBERs.-Before Justice LION
ppcYSIaNs
Kaufman Bachrack agt. David Hedenhermer Ell al.
Melton denied, with $40 cost. 49, -,..o,.,,
Lewis Zaun agt. Louise Zaun-Appneatioh LOT "'"''"S
August Isler ct al agt Wilson. Register ct sl-Aoon
chas' Endres. DC, agt Chas r Plat ct alThere is
sufficient doubt of the bona fdss OF me .ahs'.s 20
mre the Injunction be retained I'LL the tfal VIC
TO abide the event.
SUPERIOR COURT-sPEcnL TEm-Before Jn,tice
JONES.
DECISIONS. $3.50,
,yItlont nreiudce 10 defendant 10 move as n"iceu
fine opinion; no costs to either party zee ophio" WIN
Clerk at Chambers.
COURT OF COMMON PLE Rs SY TERN 's''''
. REoUIsITIoN FROM CALIFoRNlA-ABsENcy of Cow
FESTOS.
II Marquis Levi
The netitioner was brought UP or habeas corpus
before he Common Pleas for discharge from inpnson,
ment He is charged crmInaly WIN ,, hs ~ s nom ~.
house Of Meagher Laaffee Co.. IN san rrah, ,s, h,
eseoued 10 NeW-YOrk but MS arrival was
rso son from the Governor Of California Tor ms Ieu
TO that State He arrested on the steamer "p9u'
week ago and tile compliments attorney, MI "a ~,
rice applied for warrant from the GoSeihoI out
beins absent was unable TO procure IT, on me p,o"s
on of the reauson and the statement OF , 81 "a
the absence oi the Governor, and that ne wou ~
mn iii TUESDAY next tine Court remanded he P,.iI
= f. stuart Tor prisoner; MI. II. H. Rice Tor e"P'A'
ants. o>.s
Before Judge BRADY .oooa
Rover not Rnckert-Bail reduced 10 s o,Vp. ,
d sJ ~ e a0f INSTRUMENTATION DENIED Without sosS
CYPRESS CONTROVERSY.
.vppJc,y EXPRESS COMPANY CALLED rFUwS
T., he action brought by Norris Wnslow OF WaisI-
town against the American Express Company, TOT , no
oss ~ winding up the business of that eonpanfn
pnsint i'm which action has been heretofore pnnnsj
,be following order has been made. Inc amnn"
,herain referred 10 too vohmin0us for pnDhsaon
srPRENE CouRr-Norris winsow agt The Ams,a s,a
Express Company and others.-on the ioregohs a,hs
ts and the verihed complaint in this action one "a
,efendants in said action show cause peofe ~. tI.ge
the Justices OF this Court at my Chambers IN me 's
OF Watertown Jefferson County, " " on ,ne III an n
July AT o'clock in the forenoon Of inst Gay, WY
junction should not be granted aud receiver as
AZ asked Tor i'm said complaint or such other ami
sad painii shall be entitled 10 upon snch IA