New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-01-08
THE COURTS.
CIVIL.

! In the Supreme Court Chambers, an applica-
tion yesterday made In tho civil suit brought y the
Merchants Union Express Company asains, 1er LOrte
ON the Hudson River Railroad for GeharSe OF me gs
CoaFt took the papers, reservinS its decision
A question as to the cOnsttutiODality of the
District Court Jues of six presented 70 Judge
Of the Metropoi.tan board ef Health against Lane The
Metropolitan Board OF Health brought suit against Dr.
Ranhey IN the Sixth District Court for the penalty for
not reporting death The emit proceeded before Thad-
deus II. Lane, The Justice OF that Court, so far that
and Ike defendant made no oblctIon to tho individuals
impanueled. The defendant then iRerposed obec-
aud that tias meant u men daly impanncled. Judge
Lane held that In This he correct but that he had no
refused 10 proceed. The plaintiff then applied 70 the
supreme Court for nadamus on the Justice to compel
IN the Constitution was not solely the trai by jury rccog-
lxed by me common law but such tuh by jury as was
enacted aud that jury of six recognized by
the laws then existing Tho Court granted the mandamHs,
A rather important decision as 70 the duties
OF persons PROPOSING to their hives has been passed
on by ne 3erra Term 81 ne CYrt III the ceSe
EGineham Warner insured his life with the Union MU-
tni Insurance Company in the Fail OF 1885, aud the
paini!g az biz representative, sued on the policy The
defendats defended on tio ground that IN answering
ie questions appended 10 The application Tor pOhcy the
deceased mad deceived them III deny THAT nc had any
Regular medical attendant II app, AIRED that tho de-
gTck Who ad n1ctrri for Inn ON Ere oeSasans
for years before that shout the no OF the appca
ZION he had expressed an intention to change from home
opthic 10 aOpatlc treatment but had subsequently Gp
PIE! Dr. Eurdck; that in ais last aess, In NOyem.
Der Of the seIne year, Le ma! been attsnoed
dolivcri1g The opinion, held, Affirming the opinion
% the court below that the existence ~ regular med
cal attendant was q connuil fact which, having been
established as Of certain tiHe must - disproyed with
IN veasonabe ml an 10 subsequent lmes, and that the
sun crent aud therefore the defendant should have
yesdiet Judge Freedman ap lnlnted 10y Coy ioimano
the superior Court bench, j9Gge Leonard having de-
cliged. With the General Term JH8gs Of that Court
yesterday, but NitaOut transaesing aly business.
In the United States District Court yeSter-
States agt Vernon K the troll ~ which has SO
long Leen delayed Was Hay Proceeded with. Tie mo-
aineBd tic info nafion Withdrawn. The Govern
neit counsel men opened stating mat the INFORMATION
2l. 1871 The property claimed - forici.ed WAS
5000 bales OK cotton. yalse6 ~ si'ooy,0s al
and Illegally converted TO his by the defend
ant. Stevenson. To confscate THE cotton, three things
to- the the successors OF the Southern
Coniederac. sseonh Tho wIo9Siai conversion Q, ne
properly converted Counsel iken stated .sat evil
dcnce would be lairodued showing ina TINS Gotten wes
brought North through the agency II the dcienAan in
acts and Sge,. converted ~ In To bis own use
Counsel then Savawed the r.nero0s Treasury regula-
fiOus made Biug tho war with respect To commerce
with the pelpl siates rho prncia,ntions OF mo Pre-
dent concerning this traffic. sud the acts OF Congress in
Guiding the tDnseatioB acts u August 6, lsC laid July
~ 1sss THO Government ~ goG Lat .rc, -orliou OF
the cotton question rnn through tho blockade.
which subjected ii To fogioilaIc lhc Suda at
Tie Va Sren chsr 81 In s WING cotto IN the Rebel
ana e whSro y w sss S l s sSsns feev
premium rom The Confederate Goycrnme-t for each LOO
bales spagged ont Of tho Reb States AID sold The
depos0a Of Francis n. Gaines was then read, TO the
effect Inst Opponent wea iho Treasurer Of the Nashville
President. lie had known Stevenson % years,
and ksx Of his receizng comIniSaon under the Con-
federat9 Government Tho case wz.i DC resumed this
morning.