New-York tribune., 1868-06-10
THE COURT,S.
CIVIL.

In the Supreme Court Circuit in the case of
Gerken ag DunsmOre, President OF the Adams Express
sealed verdict for plaintiff for $780, the amount OF the
claim and interest
The case of the United States agt. Boyd &
Wood. to United States postage STAMPS 70 the
amount OF sOOO captured in July 1884, by the Coneder
ate priyateer Florida from the United States maiLboat
Electric Spark near New-l0rk harbor, was argued in
Toronto, Monday before YiceC Chancellor Mowatt, and
now stands for judgment. >
In the U. S. District Court, in admiralty, the
bOttomry bond Of Taylor ag The Barkentine kath
leen decided This libel to recover the amount
Of botomry bond executed In favor OF the hbeant at
Halifax Nova Scotia on the Kathleen. by her master, for
2I0 for advances made the credit OF the vessel by
the beant The defense was that there was NO neces-
rzed The Court holds that the testimony shows that
the vessel needed the advances for repairs and decrees
for the liDelants.
new Injunction was granted in the Supreme
Court yesterday in the Chicago and Rock Island Railroad
case restraining Mr. Dunhan the President OF the Corn
Exchange Bank, aud the Trust Company, parting
with the funds in their possession OF the Railroad Cou
pany for the purpose o removal from the state or fro
recent meeting OF the shareholders Chicago The in
junction obtained I'm view OF the possibility of de-
the decision Of Judge CardCzo which would have the
effect Of releasing the funds OF the Company
A rather curious case came up in the Gen
era OF the Supreme Court the particulars VI which
will probably be before jury next Autumn, on an appeal
from an order OF the Surrogate refusing probate to VIII
and favor OF hts wife, who presented IL for
probate The next of kin claimed that Mr Joyce after
ward made will in favor OF Charlotte A. yauderyoor
a woman who lived with him. aud who was the chief wit
Tor them, revokng the former WILL Mrs. Wander
testes such will with its cut OF
shown her By the tesaor on the occasion Of quarrel
m sS sTGT % 81 .h1 a3d the two
whether after 1858, the tesator executed second WILL
and whether If he did, this second Will contained
clause reyOkmg all previous Wills
In the u. S. Circuit Court, Judge Nelson de-
oded the salvage OF The Coast Wreckng Company
ast The Steamship Morning star The libel was filed 70
aground on Deal Beach Shore. NewJersey, July alst
lsoS Tho yaue OF vessel and cargo was about s9O0oO
Tho Wrecking Company regularly employed by the
owners OF ihe steamship TO get her aoa and performed
their work successfully and with expedition and skill
The Court below allowed only s25O6 tho services
on the ground that all the employees OF the WreOng
Company were paid regular salaries paid by the day
receiv ed part salvage money accrung for sal
wage services all considerations therefore, inducing
men to encounter imminent perils or make personal
sacrifices In saving wrecks wanting and the Com.
pany not entitled TO the rate of compensation usually
the views Of tho Court below, denies the
right Of t1e WreckDg Company to salvage compensation
OF Joshua Remington ct al OF the brig Ocean
Wave. agt The Atlantic Royal Mail steam Navigation
collision between the brig and the steamship Indian Em
pre Of the claimants line which collision was caused by
suit the Court below dismissed the libel exception
ship, and also that there such incorporation
was proceeded against and therefore not liable 10 be
follows Il appeared that the Company was Incorporated
the sth Of October, 1853 but that the COLL
five days previously. 1t is proved by tho testi.
mony taken this appeal in behalf OF tho libel.
ants that this Company had held themselves out cor
poraton by tho designated through their appointed
agent IA this city; and OF line OF steamers OF
which the Indian Empire one, previous the time
when this collision occurred the objections taken and
sustained by the Court below have been thus removed by
this further proof The Decree therefore, OF the Court
must be reversed. We have had difficulty In the
further disposition OF the In consequence OF the
exceptions taken the libel below, and which
there, testimony taken the part OF the
defendants respect to the merits OF the and the
only evidence the collision found In tho that
Of the OF the brig Ocean Wave the vessel coded
against We inclined to think that that evidence
inasmuch the Court below disposed OF the the
legal taken to the libel ought 10 be received
here plenary proof OF the collision this appeal and
shall therefore direct the to stand for proofs be
taken by the respective parties In this Court upon the
merits with liberty TO either TO amend the peadings
preparatory to the taking OF the proofs Let rule be
entered to the above effect.