New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-04
CIVIL COURTS.

limited STATES DISTRICT COURT-June 3.-BcfOre
Judge BLATCHFORD.
TIE POWER OF A UNITED STATES DISTRICT JUDGE
TO ISSUE SUMMONS IN CERTAIN CASES BEFORE
FOREIGN CONsULS-oPINIoN OF JUDGE BLATCH-
In re. the petition Ofthe Spanish Consul at NewYorh
The facts in this matter are sufficiently set forth in
The petitioner who is the Consul of Her Majesty the
Queen OF SPAIN at tho Port Of York represents that
Of Santiago, in the Island Of Cuba, commission empow
ering him to take the testimony OF certain Witnesses
swindling. translation Of which commission he pro
duecs and no prays That summons may p9 ssugI 10y me
power TO issue the summons asked for INC Only pro
be 9yns uo Of y Testimony in o Judicial proceedings pend
ing In foreign country, are those FOUND IN Iae
at Large Section ~ and IN the Act Of 1893
az Ibid No. 7G9) Tho former provides that "Whenlet
tiers rogatory shall been addressed from any Court
of foreign country to any Circuit Court OF the United
States and United States Commissioner has been deslg
Witnesses I'm said letters mentioned, said Commissioner
shall be empowered TO compel the witnesses 10 appear
and depoe In the same manner as they would ana
testify In Court Tho latter act Is confined TO the taking
OF testimony to be used in suit for the recovery OF
with which tie United states at peace and in which
the Government of such foreign country is part Or has
an interest. The prayer OF the petition Is dehied'
SUPREME URT-cHAMBERs-JUNE a.-BetOre Justice
SUTHERLAND.
DECISIONS.
John j.. Rathburn ct al. agt. Chas. Leland ct al
Extra allowance to plaintiff and to defendant Chas Le
land.
Anne Flanley agt. Hugh Flanley. Memoranda for
counsel
H. g. Clark agt Margaret Clark ct al.-Order granted
Alex. Mayer agt Gustayus Peters ct al.-Mem0randa
Before Justice CLERKg.
Stephen wray agt. William c. MISUNDERSTANDING
settled, and judgment accordingly.
SPECIAL TERM-Before Justice WELLEs.
DECISIONS
Osgood ct al. act. AmdOn ct al.-Demurrers over
ruled and Judgment ordered in favor Of plaintiffs thereon
with leave 70 the demuring defendants 70 nIWsr the
complaint days payment Of the costs of the de-
murreTs.
Camp agt. Morton-Demurrer.
SUPERIOR COURT-spEoIAL TERM-JUEE S.-BefOre
Justice JONES.
DECISIONS.
Peter Thomson agt. The Mayor, Acknowledgement Tor
Joanna A. T. sluyter art George +. wihams.-Motion
directing Sheriff TO deliver property granted
Alice Foster agt. John Foster.-JGdgment OF divorce
granted. 49,. ,,,.
characterization discharging attachment against de-
PENDANT granted. -, -
James K Hills agt George Pace.-Case settled; papers
Before Judge BARBOUR.
Vim. NichOl agt VIM j.. Ackley.-Motion granted: A.,
A. Sperris Brown agt Frederick O. Rcnardson-Moelon
granted. , ,,.,
Francis McCauley agt Herman Fincke ct al-Motion
granted and commission issued. 49,,
VIM. W. Hewitt agt OlvorP. Chandler-Mouond denied,
with s. costs. .,.,
Company.MOtion for new trial Denied win cost tne
first cause OF action OF complaint Ovenued and Judgment
for plaintiff the demurrers with leave 10 deIenuals
20 answer In 20 days Oh payment OF costs VI tne uo
murrer.
The National Citizens Bank agt. Benedict Barnard
Demurrer oyerruled and Judgment ordered N favor OF
the complaint in 20 days payment OF the costs OF the
demurrer