Evening star., 1869-12-04
The Courts.

SUPREME Court ~ GENERAL TERN-Oe-
eisicf an the Grade -Fssksr Case.-This morning
tie Court in General Term held a session AMI
adjourned for the term after transacting the fol-
lowing business:-John l.. Mason against =. Is.
Rowley tpatent case) decree setting aside in
junction granted by court below; Chief Justice
Cartier delivered the opinion. Morgan and
khinehart agt. Divinney; Judgement FOR plain
tin on case stated Yates and Selby agt. Seetz;
decree below affirmed.
Judge Wylie delivered the opinion of the
Court in the case Of Joseph Bradley, Sr., against
George p. Fisher-suit for damages claimed by
reason OF the defendant making an order re-
moving plaintiff from the bar for an alleged
contempt of court-sustaining the court below in
giving judgment for defendant, on his plea that
the order was made i'm the line of his duty. The
opinion of Judge wyle is a very lengthy one,
and after reviewing the proceedings in the
case he says that the plaintiff makes no denial
OF the offence which Occasioned the making of
the order by Judge Fisher except as to the time,
anu u was wholly immaterial whether the Of
fence was committed one minute or one hour
after the adjournment of the Court. Excess of
jurisdiction does not render judge liable for
such orders, but his evil motives must be
.hown. He argues at some length-the Com
stitution providing that no punishment shall
be imposed without due process of
law-that in the cases of members Of the
process of law, }" and it had been held that debar
an attorney was not punishment, but was an
ACT OF the court to rid itself of a troublesome
om,eer. ono En-, In this case the making of the order
was not such palpable usurpatiOn of authority
as would render judge liable. 1t was not prop
erly contempt Of court for which the order
was made, but for threats made out of court
and he did not think that any court would saw
that the judge of the Criminal Court in making
TINS order had exceeded his duty, although he
might have taken another course by issuing
rule to show cause, &c.
In the case of Mccormick agt O'Brien, Jud re
FISHER delivered the opinion of the Court, af-
hrmlng the decree of the court below. In this
case the defendant obtained money from the
yIif yyhi ieh hp LOT
erected house, the deed for which was to be
made to plaintiff, and he was also to marry her,
and these facts being proven the judgement OF
the court below, that defendant should convey
the property to plaintiff, should be carried into
effect. In the landlord and tenant case between
the same parties, in. which a verdict had been
l39hd IOr Mrs. Mccormick, the judgment was
afhrmed, for similar reasons.
Ihe cases Of Kennedy, receiver, agt. National
Sank OF Metropolis. and Altman agt. HuntlY
(Montana mail case.) were continued.
Mr. L. L.. johnson was appointed am examiner
in chancery.
CIRCUIT COURT, Judge Cartter-Yesterdav.
BlOndheim agt. Wallach, verdict for plaintiff
Gulick VS.. Corporation OF Washington: motions
and reasons for new trial filed. Fort VS.. Corpo-
ration Of Georgetown; on trial. This is an ac-
ton to recover back port charges paid to the
harbor-master of Georgetown under an ordi-
nance OF that city. 1t is intended rs a test case
deny the right of Georgetown to levy this tex.
affirming that it is the exercise of a po.,ey
which, under the Constitution of the United
States, is conferred exclusively upon CONGRESS.
ORPHANS COURT, Judge Pucc,,;-To-dav the
will of the late Robert y. Walker made
august l4th, 1868, was filed for probate.
ne oequeaths TO ais wife, during life, an
estate IN all ht,s real estate and One-third of
ms perso-saI estate and the rest of the estate
oe Dequeathes to his five children
Letters of administration on the estate of Mary
ODOnnell were issued to Sarah NJ. Williams
bond 81 goo. Chas; l.; Patten qualified as guar
dian Of infant child of VIM. and Mary A John
son-bond 800. Elisha b. Reed, to infant child
of VIM. and Mary A. JOhnsOn-bOnd~s1OO. John
A. BOlles, to his infant son-bond 50 900.