New-York tribune., 1868-10-07
CIVIL.
A motion for a writ of maudamus to compe

A motion tor Nrlt OF mauualnuS 10 COnpel
the rcadni,sion Of Charles legmau anu William Bel
cher the sailors snug Harbor, from which they had
been expelled by the orders OF the GOVERNOR was made
before MIR Justice CardozO In the supreme Court Cham
bers yesterday by their counsel, Mr. Nash but argu
ment thereupOn was postponed TO this morning
An action was instituted yesterday in the
Trial Term of the Marine Court before Judge Curtis by
Henrietta sterling agt Johannah Smith io 900 damages,
alleged have been sustained by the plaintiff in conse-
house of the defendant FOR arrears Of board The de-
feudaut alleged that Mrs Sterling had engaged the rooms
under false name, and had been guilty of mpropretes
while occupying them which had compelled her the de.
fcndaLU 10 request that The rooms DC vacated Ner-
diet was given FOR the defendant
I'm the United States District Court yester
day returns process having been made and no claim
ants appearing Tor following described property, II
VAS Condemned by default p bbls. distilled spirits;
case marked T. r. b. So" and cases. marked respec-
tiyCly ~ and 23' all containing opium package,
coniniue Isi strings OF coral beads tin box.
tanning 5ib % of opium aud do, containing 81 10 opium
Judge Blacuiord after calling the Admiralty calendar
announced hat IL was tWo behudhand. and that
Judge Benedict would sit in the United states CIR
cit Court room, commencing on the 'th lnst TO help
clear .t OF
I'm the Supreme Court Special Term before
Judge sutherland, demurrer TO an answer u me c.se
of Reddngton agt POWER and others was argued Ihe
plaintiff shipped goods TO Texas durns The war; winch
sold 10y the dcicndants on commission, Auu lol u
portion OF the proceeds OF the sales the planuh sues,
Ike form OF action betng for money htd aud recelVed
Tie defendant puts u two answers the second being
THAI at the time plaintiff was citizen, the blockade WAS
established, and the busine's unlawful The deiendant
claims that this second answer Is no defense since fas
10 state the facts making tho transaction unlawful and
had aNeifCd tlat tne goods ran
blockade the action did not arise from the running OF the
blockade hut from subsequent ana different trlnsac-
ton the OF the goods. Defendant claimed that the
running the blockade aud the sale Transaction
and that the whole yit!atod by the Illegal part
In the Court Of Appeals John A. Millafd
sought set aside Judgment recovered by Isaac Mer
rtt Tor $500 one Brew ster She plaintiff had each
lien ON half of certain mOrtgaRed property 10 be sold
under foreclosure and agreement ws entered into by
which Brewster TO pay the painth $500 being about
the amount likely to De coming To each on the sale and the
plaintiff not 10 bid. Brewster paid the money over
attorney the defendant, TO pay over 10 plaintiffs
attorney but defendant declines To do claim
ing that the whole transaction Is against public policy,
and no rights arising from 10 Will be enforced by the
courts. The plaintiff contends that there here sale
by the painun 10 defendant Of his rights, not coming
within the prohibition OF public policy but that ut any
contract but on the receipt of the money for plaintiffs
use. Decision reserved. The case OF Mangam
act. the Brooklyn City. Railroad Company
was decided below the ground that where child OF
four years old allowed To run in the streets without
an attendant II was negligence, aud he was run Overlt
was contributing negligence contributing TO the INJURY
This point was combatcd on the appeal, and II was
claimed that, admitting 10 as rule IL did not apply
where there gross negligence OF the deiendaht
Decision reserved I'm the or Wright administrator
agt Rowland. property of the defendant was attached
on n claim for over $1,000. The Judgment OF tho Court
below was for s52s, and the plantn appealed The de
mcnt ON giving bond only 81 800 IL was agreed yester
day i'm the Court Of Appeals that this was an error Hs e
discharge OF the attachment should he only ON nal
determination Of the controversy, not on Judgment
which by OF an appeal Was not hna DECISION te-
served