New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-07
THE CIVIL COURTS.

On motion of District Attorney Courtney,
Albert Comsock admitted to practice IN the umted
States Circuit Court.
Petitions in bankruptcy were filed in tho
United states District Court yesterday by the Place
Field and George w. Wood, all OF this city.
Judge Cardozo has decided, in the case Of
Gazaway Is. Lamar agt Charles A. Dana, TO grant the
motion removing the to the United States Court
mprisonment at savannah 10y order Of the defendant
| who acting as notwithstanding ofWar
SHIT was brought by the Government to con-
denim rectfyIng establishment and its contents, be
longing Ferdinand saelsberger on the ground thss
whisky ilcitiy conveyed to the recying establish
verdict for the Government; and in similar case
was ordered
In the Supreme Court, before Judge Mullen.
John stoheer brought an action ssanst Julian Aies
on the lth OF February 1866 by falling through hatch
way OF the floors OF the premises No 100 Watere
owned by defendant and II is alleged the accident was
attributable To the insecurity OF the hatchway Defend
the premises under his control when the accident 90
CURED. Case sui on
Bernard Mullen sued James Rice in the SD
neror Court for shooting him The case came on before
Judge Barbour when. from the plaintiffs evidence. It
appeared that he went into the defendants store for
drink that dispute arose about previous transaction.
and that without proyocation the defendant fired him.
woundng him severely In the head The defendants ev-
idence as matter OF course very much opposite -
this and If credible made out OF shooting self
defense The jury found for the plaintiff verdict OF
u 800.
in the OF simpson ag Sexton question " practical
forgery presented to the Jury The plaintiff produced
pay him in consideration OF sOoindebedness half the
profits OF transaction in real estate the plaintiff TO have
profits The profits being 5000. the plaintiff for
half and the defendant sets up that he signed blank
OF the property and that the agreement actually written
without authority. Tho jury, however found for
the plaintiff.
In the Superior Court at Hartford, Conn. the
insurance of Kelsey aGt the Universal Life insur
ance Company OF this cliy which had been on aai of
verdict the defendants they 70 recover full costs OF
s oa Sesey of ths city procured an Insurance
policy for the life OF his wife. The lady died
claiming the deceased at the time when she
was insured. consumptye, and otherwise affected In
vouched for in the application On the refusal Of
the Company TO pay the insurance Mr. Kelsey brought
suit the amount claiming that the physical condition
OF the deceased correctly stated In the application 40
the time Of insurance Another suit is pending between
Company Tor the same amoun-sSooo the policy having
been ISSUED November IT, 1855 THIS case Will not be
reached this term and may not be tried at all there
being much similarity IN the two cases.
In the Superior Court, Trial Term, before
Judge Barbour the OF Martha b. Carnes ag George
the lien judgment In June 1854, certain property
in Ihrty;nnth-st was conveyed, but previous to the
deed being recorded. Judgment obtained against
conyeyer Whether the delivery Of the deed preceded
the dockeing OF the Judgment was one Of the questions
for the jury The property subsequently mOrtgaged
TO defendant and the Judgment was assigned to plalnn
who issued execution and brought the property IN al
sherfns sale Meanwhile defendant foreclOSed his mort
gage and also brought In the property. Plaintiff now
brings eecment on the ground that the Judgment was
tanned title. The defendant claims that the deed was
delivered before the dOckeng OF the judgment but that,
az any rate. the Judgment assigned 10 plaintiff for
the benefit OF the original executor VI the deed ana vas
therefore extnguished by the esoppel worked 10y the
covenants the deed just gwen. The Court charged
that either OF these points fatal 70 plaintiffs claim
made out The jury found for defendant
The case of Fisk and others against the Chi
carr ROc
ON again yesterday before Judge CardOZO The question
at'ssue the legality OF the issue OF iscO shares
OF stock motion % remove tho ease 10 the Uned
states Court was made, ana Mr. Dudley Field behalf
of Fisk and Rclden read aidavts 10 show that they
not residents OF this State. On the part OF MI.
Hatch, ahdayIts read 10 show that the Company
was formed in York most Of ts officers resident
here the whole agement carried on here, AMI THAI
all moneys OF the corporation except those necessary iV
the President Mr. Tracy had spout most OF the last year
in New-York and since 1866 had not voted nor been
assessed for personal In Chicago, Ill Tho
dent of Chca gobad been there and paid
and registered there voter IL was argued IN 10
y removing the 10 the United States Court shA.
the controversy between citizens OF different states ana
that when SUIT is pending IN any state Court, the con-
overy beng between citizens Of the state In when ne
suit is brought aud citizen OF another State, rght ~
removal 10 the Federal exists On the other hand
IL contendeG that IL not suit In when IN"
United States had original exclusive Jirsdlcon tha"
to suit all the substantial parties on one sas
be citizens OF State and all the parties on ,hs
other side citizens OF another or other States ana tnat
was sufficient that one or more OF me paies On
OF the suit In the state Courts Decision reserved
On the 10th of May, 1853, the steamer G. Van
derblt down the canal boat Cniseo near the ascna
in Troy The vessels were IN fog and is claimed tnae
the Vanderbilt IN fault In beng too far out OF me-
course This view, taken by the District Court anu
upon IL n decree rendered for the canal boat upoe