The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-13
SUPREME couRT-SpEc Al TERM.

The Albany and Susquehannn Railroad War
A Non-Baiiable Writ Issued Against tho De-
fenSants-Judge Peckhams's Orders Set
Aside.
Before Judge Barnard
This case came up yesterday morning before the
Court. On motion made by David Dudley Field on
behalf OF the plantn, Ayro Chase, for an order set
ting aside the orders made and proceedings had be-
fore Judge PecKham OF the Albany district.
Tho motion was opposed by Mr.. Vanderpoei on
the ground that the circumstances did not justify the
appointment OF a receiver n the case: o,oo. e.
get the matter back where II had stood before JuIye
Barnard when he issued his original order, and TO
get rid OF tue interference OF Judge Peckaam Ia u
matter with which he had no business
The Court granted the order setting aside oil
orders purpOrLing to have been issued by Judge
Peckham staying proceedings under certain orders
of this court. Mr. Field then read the anidayls OIL
efforts to execute an attachment against Robert H.
Pruyn ana Others he had been met and resisted by
he AM on
tory writ not baable, should issue TO the Sheriff Of
Albany county Tor the arrest Of ROBERT II. pruyn,
The writ wa. allowed 10y Judge barnard, returna-
bic tomorrow morning and shortly thereafter the
resented his inability to make return within the
time required and asked that the return be liked for
later day.
me writ was accordingly amended by the Court
so as TO be leturnable On Saturday next.
The vreeland Abandonment Cause.-The Gay
LotlariO Freed from the Meshes Of the
Law.
The motion on the certiorari which was postponed
In consequence OF an lnformaity Of the return from
Justice Mansiled's court, was resumed yester
day. Mr. Vanderpoel, ON behalf OF the defendant
asked what papers were filed with the return, mas
much as he understood that some papers not used
on the examination were contained among them.
The plaintiff had been shown on that examination to
have been convicted OF crime in Boston and although
the attorney on the other side professed to have
magistrate ana Should not properly 1Vrfn part OF
Mr.. Snebly attorney for the plaintiff; explained
that at Zine the evidence OF conviction was given
the existence OF pardon was announced 10 the
Court, and subsequently the pardon Itself was filed
vita Court. This he deemed Sunclent TO c0nAtl
tutc it q part Of the record.
Mr.. Nanderpoel then spoke on the main issue,
Claiming On behalf OF defendant that the proceed
lnss were void because ne (deiendaDD was non
resident, aua also on the 1urtner ground that the
magistrate embodie5 in his return the bond 0f the
defendant requiring mm to appear al the Court Of
General Sessions.
much as the magistrate had no power to exact 1t,
and also that these proceedings were VOID because
case which the Court could review.
MIR. Smelly and MI. Douglas II. Levfen spoke at
length The question OF jurisdiction, claiming tnat
the parties, having been married IN this city, lived
In TINS city, ana the abandonment having taken
place in this CITY, the magistrate thereby acquired
Mr. Vanderpoel said that there had been decision
of the Chancellor OF New Jersey declaring thnt no
marriage existed between the parties. These pro-
ceedipgs the sad had been taken without authority
from the Commissioners OF Charities, VINO are the
only parties authorized by statute To take sucn pro-
ceedings.
Judge Barnard inquired what was the object OF this
proceeding, II the question OF marriage mad ALREADY
been disposed Of III New Jer5eyY
Mr. Nanderpoel replied that the object was to levy
black inail. -
After some further discussion Judge Barnard said
that the receipt Vi the bond by the magistrate I'll.
vested him OF Jurisdiction In the case, and II IL nad
not. a proper representation to him OF the proceed
ings had IN the state Of New Jersey would have au-
thorzed HIM TO issue an Injunction staying all lur-
ther proceedings before the magistrate.
Mr.. Chauncey Shatfer then asked permission TO
present his to the court on the effect OF the &C
ceptance OF tile bond by che magistrate but had pro-
ceeded only Tor few moments when he was IN
formed by the Court that the matter mad been de-
clded some fifteen minutes BEFORE whereup0n Mr..
ShafIcr thanked his Honor for having heard him 80
patiently this hot day.
The proceedings were tlereupon dismissed by the
Court and the gay and venerable Lotnarlo LETT once
more 10 shake "a loose leg.