New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-07-23
CIVIL.


In the Supreme Court, Messrs. Ham, Dillon,
and Duran failed 10 appear yesterday 10 give their ties
timOny IN the suit between Mr. FISK ana The Union IA
ciie Railroad Judge Barnard therefore directed that
they appear this morning before the Referee at his Office
at 10 m their failure TO do so. that an attach
ment issue against them, returnabIe at noon tomoro"
and bailable in $4,000.
In the Superior Court, Special Term, Judge
Jones directed trial IN the case OF our Ancr-
Antonio MILAN agt John Graham plaintiffs exceptions
must be overruled and the suretes approved Of New
George Hodges agt. William Cooper; order setting aside
attachment. In re- Martin FRANCIS BluDacher; order
granted Thomas Halyan agt. Samuel shapter; OrdeI
signed
I'm the Supreme Court, Brooklyn, yesterday,
an Injunction granted b. d. Htchings on behalf Of
Dssloners from taking the west end OF COney Island
site the residences of the officers and employees OF the
new Quarantine Hospital In the Bay. The appellants
stated that the Commissioners might have taken sGii
cent ground for Their purpose without nererence pu
If they allowed TO appropriate the whole west end OF
the island communication by boat from Orayesend TO
Eew-YOrk will cease.
In the United States District Court, in Adj
miraty the case OF Duncan C. Smith and seven others
against the seamug Jack Jewett was concluded yester
day. This was suit brought by certain Oh inc crew Oh
the Jack against the vessel 70 recover wages due
them for services ON board ~ seems tat they "cIe
hired by John Burt at the Tune master m to os xSSS
by rigtul owners OF the vessel ahd therefore, cOuu
bind the vessel The lbelants WERE never as
already stated hired by Burt, and performed duty on
the vessel under him. he having actual possession o inc
eSSe US m aver 81 The beIsps holding that
| for the purposes of this case the hiring Of the
/ libelants by Burt, and their performance OF duty
while he In possession, bound inc vessel
| The following decisions have been rendered
by the Supreme Court; by Barnard J.GSuzD y,
agt Reich ct AL amendments allowed Bendal ct al agt
Peterson amendments allowed; CODy Adam agt hud-
son River kR Co Circuit case), motion denied; Itacy
agt. First National Bank OF Selma, &C. order settled
Wilde agt Hexter case settled. amendments al
| lowed Smith VS.. Lee, case settled, amendments
allowed BY CardoZO J-Benner agt. Schneider GU
al, motion granted and receiver appointed; Robinson
agt ReddngtOn, defendant may be discharged ne exc
cutting his undertaking in $500 Smith agt Beers,
motion denied. costs 10 abide event; Robinson agt
/ Phenx Furnace Bar Company, receiver appointed; III
Felt ag Felt upon payment Of $40 costs motion 10 open
default granted judgment 20 stand security case 10
be referred, &c. DetZ agt Detz et AL motion granted
and receiver appointed; Allen vs.. Allen, motion
granted.
A motion was yesterday made in the SUI
preme Court Chambers before Judge Cardozo IN the
suit by Charles A. Lambard agt. Sux City aud Paelhc
Railroad Co and Others TO dismiss the case as against
case claims 20 be entitled by virtue OF an agreement pc
tween the former OF the Company, OF whom nc
was one 20 One-sxth of its stock The Company nnder
the laws OF the United States has become entitled 70
large amount Of United States bonds and Ia about lsu
Ing It's own mortgage bonds They acknowledge MT
Lambards rights 10 but Oneeghteenth Of the stock MI
Lahard therefore, asks that they be restrained from
dpOsng OF the bonds both their own and OF those OF the
United States, until his rights ascertaned The sum
mons IN this suit served the President OF the Com
pany The Company claims that this Jurisdiction vi
10 under Section 42 Of the CODE since the plaintiff IS not
resident or the state and the contract alleged, UOuRn
made in the state, was TO be performed out OF H. anu
therefore INC cause OF action the nohpelI0iancc; %
not arise within the State, and that the subject OF c
action Is not situate within this State On this latter
point Mr. Marsh for defendant sought TO distinguish De
tween this and the Rock Island on the ground hat
In the latter the money the direct result OF te tran
of the suit and therefore the subject OF the iran
sactOn while IN this 1t was not sucb SUBJECT Oi aeuon