New-York tribune., 1868-04-18
CIVIL.


The General Term of lthe Supreme Court is
adjourned till Mays.
The Erie iniunctions motions in the Chambers
Of the Supreme Court AL put over till Wednesday,
The Examiners of the applicants for admis-
sion 10 the Bar viii meet the students Wednesday next
IN the General Term roOm 80 ~ o. a-<ssse..
In the Supreme Court of the State of New
York Special Tcrm Second District the counsel for Mira
Tyler defendant IN the celebrated Gardiner VIII Case"
moved for change OF venue for the new trial OF tho
Rlchu6hd County 10 New.York County, on the ground
that the people OF Richmond County were so much preu
Obtain fair trial there and also the ground that most
Of the appCapts witnesses reside IL New-fork Judge
Lott denied the notion -~0vv.' = -sQ.'->7-'-
The case of Henry W. Graham agt Mar
ago recovered $1,000 damages for Injuries alleged 10
have been received by reason Of insufficient
belonging 10 defendants. while OH voyage from Panama
cosat e sr Of ~ for rtaeR District q
California on writ OF founded on certain extel
sSayne SaS declared the Decision affirming tho verdict Of
the lower court
Judge Davis granted an order yesterday,
restraining the referee In the Broone County Erie SUIT
from taking the testimony OF Jas. III. Coleman on the
ground that Mr. Coleman had consented by letter TO make
his affidavit in the matter subsequently the plaintins
ground that he had been msed by the opposite SIDE con
cealing the fact that Mr. Colemsns letter was before
Judge Dacom when he granted the order for his examn
sto Judge Davis refused to yacate his order parte,
order 20 show cauke why IL SHOULD not be va
ted returDabe Monday
The case of Bixby agt. Jantzen and others
was again before the Supreme Court 'Chambsrs Ths
plaintiff sued yantzen Schmidt Il williams for nrIn
debt When he applied for order TO examine the nrst
two defendants before trial they nteposcd the fact that
they consuls and that the United States Courts
alone had jurisdiction over them. After long aid OBJ
stinate nght tho Court decided their point well taken.
Now the painf asks permission TO withdraw ms action
without payment VI c0sts he can obtain nothing by H.
claiming that he not bound 10 ake nptice
OF their consular character TIL II was PROVED on the
other hand Mr. Lapaugh for the consns are that plain
t Informed at early stage Of the case that they
were consu that he perssed In dragging them into the
litigation 20 their great and expense and that
now must at least pay the statute cos Decision re-
served. -
In the suit of Meyer agt. The National Ex-
70 continue an injunction. The defendant South:
ern Express Company located In Richmond and oicered
mainly by e1Confederato officers. When the suit was
Commenced the plaintiff, az : sst?okhoder, charged
eSy iesy Of % assessnsnfs as % between Northern and
souhern stockholders that the company was doing los
ing business and nsolvent and asked the stoppage
OF their business 20 prevent the further sccuua
ton OF debt Shortly thereafter the directors made s
ss.%e;Ds Of their property Sy which n'weSs nss
preferences for amounts not named The trustees now
ssk that they be allowed TO 60 on and collect moneys
due the company. The plaintiff, who has paid only .
portion of the pominal capital sub,srlpuSn' ,sIX n
only RsSa ssm hssaE s s Se
even il valid by the laws OF Virginia 10 Invalid by the
laws Of NewYorh and must be Judged by the latter 90
far concerns the debts and property gnouding ~ the
% Situate IL no: under the
laws of New York, any creditor of Company may oom-
pe any resident stockhoidsr 70 pay over 70 him Any u
pad stock subscription pscision reserved