New-York tribune., 1868-12-23
TIE COURTS.

GIN
The plaintiffs in the suit Of Belmont against
the Erie Railway Company have obtained from JgSdge
Cardozo order for the taking Of the compulsory alua
before Gratz Nathan referee to DO used on the arsu
ment OF the motion. . r..lA
In the u. s. District Court, yesterday, before
and no claimants appearing for the following described
property seized at the CustOm0se it was condemned
BY defant: Two cases marked 81" in star 759" COR
tanning rum esseneei one black trunk containing 6'1W
cigars. 81 boxes OF lid gloves.
In the United States Court (Brooklvn, T.
d. yesterday, before Judge Benedict Andrew Hecknon
tried upon two countsone for carrying on the bs
violation Of tho internal revenue law in not paying tLe
special tax or taking out license Joseph Herd test
s Ounu at the Van Bran
bis arrest Other witnesses coroboraed the testimony
OF Mr. Herd and the Jury found the prisoner guilty on
both counts. Prisoner was remanded for sentence.
John Hughes and his sister sued Alfred
Kendall TO set aside certain agreements they had exc
man. died I'm Alabama leaving $4,000 with certain
depOsitaries and with 10 known heirs or next OF KIM
plantiifs IN Pennsylvania. and I'VE other nephews and
neces in Wales He procured an assignment Of their
and ageene TO give him half from most Of the next Of
Kin incuding the plaintiffs The plaintiffs claimed that
write that the defoidant inexperienced 70 them Tue
amount Of the estate, as being only about $1,000 70 eno
and that they signed under the impression that tney
were only authorizing him To prosecute thet eains Inc
defendant denied entirely any concealment OF fraud ia
which be had been Ia the matter claimed that lie had
only taken the total assignment as means TO more eI-
fecualy prosecute the claim. and inti1ated tat tns
suit wa istigatcd by the depoStares 10 deer an ac
counting with the estate on tho trial. Judge
decided for the plaintiffs, and' on appeal INC Ve'1"
Term sustained his decision ~. II .'I. ~
In the Kings County Supreme Court Special
Term before Judge Gilbert, the counsel OF tne Green.
uont Wllllamsburgh aud Nassau Railroad company
moved Yesterday morning tn dissolve the injunction
granted by Judge Troy OF the Court Of Sessions on the
nettOn Of Hugh Mclaughlin, eiuOinlng the company
iron LAYING their track along Willoughbyst. The Com
pany claim that they obtained charter from tne Lef9
te GreenDoint and Wiliianisburgh and Nassau Rail
road Companes They claim that their charter gives
So roods as sIch rsits are already defined and estab
lished by law" Part OF that route runs thfongh VIZ
louphby st from GreenpOint 10 south Ferry Ine oflE
mi act FOR each OF the two roads required them TO obtain
the assent OF the majority OF tho owners OF inc land
along the route That conseut the C0mpany alege was
obtained for the two original roads Ile Legislature
subsequently, passed this Consolidation act which, they
Company absolute night TO ley their track without fpE
Ler consent They proceeded with their track Ia II;
eS Register Hugh McIauglln obtsiued an Injunction
from Judge Troy alleging that the consent OF INC
eodated charter gives the same powers hS ho9e oI ~,
old charter The Court pos tho papers an9 reserved v
| DECISION. '.. ~ - -S- -
| In the Brooklyn City Court, before Judge
Thompson the case Of Annie Kelly agt. Gordon Kelly
was heard The plaintiff brought an action for damages
ae1ast .ns in the corner store under the Wall House
I'm the Eastern District The plaintiff carried on the NIL
uery business and formerly occupied the entire store
Size rented IL to the defendants retaining the right 10 ns
one OF the show-wndows for the purpose Of exhibni
her goods There clause in the assignment Oh th'
premises restricting paintn from carrying on any othe
business and that II she ceased 20 carry on the millinery
business they could take possession Of the window TIT
defendants claimed that the plaintiff sold the pusnes
out to another party End !aGEsP o&sas & al clam o (
" portion OF stock and that she remained 10 pos
session the place until she was dspossessed Inc url
found verdict for plaintiR fixing the damagesat $50
In the case Of Mary GugelnOn gaiust Calvin " lamp
an acton 20 recover the sum OF s., dqPages for ~
/ jgyes sihtAine, pp me sis q august last.
fopretor OF peaut stand near the OF Court ant
ReIsensts and the evening OF the 9Th OF August wal
crossing Clnton-st, her Way 20 the stand Wien th
son OF defendant who was driving team Of norses
over her. Tho horses trampled upon her, and caused
INJURIES that she confined 10 her house for over
month Defense claimed that the horses were trottns
az moderate rate and that IL possible for plainuf
10 have avoided the accident defendant having done al
n his power prevent the injury by stopping the team
Dying tho slippery state OF me Ia'Snsnt' tnc
of 20 IN favor OF plaintiff rendered By the Jury