The New York herald., 1869-12-29
SUPERIOR CoUhT-SpsciAL TERM.
THE Arrest OF General Butler.

Before Judge Freedman.
Roscehd Laurence Us. Benjamin r. B1tv.--The ac-
mon ~ brought TO recover the Twiegs swords and
other property seized by General Butler In New or
leans. An order OF arrest issued against Gene.
raj Butler and motion now made to Vacate The
same on the ground that the seizure was made uii
der the orders OF the government and tnat there was
no Conversion.
The court reserved ITS decision
The Eclectic icAssocisltioa---.Hesionf FOR Smbs,i,u-
fion gi Attorneys.
IN ne natter of the Ecectic AsSociattoa.-This was
application by the present receiver to substitute
nm attorney his behalf IN number OF suits coin
mcnced in tins court. II seems that receiver OF
the association bad been appointed In creaitors
SUIT January 30. 1859, who had been removed by
tne court the application OF the trustees for the
boldholders, and another substituted on Junc
b. 1860. The order Of removal appointing a
referee was 10 examine the RECEIVERS accounts
and lby further order made Oh the application
Of the attorney for the receiyerl to compute the
amount due to such attorney tor MIS- services IL
$s,JO2 81 belonging TO the association, and had,
alter paying some debts, paid over the entire
Ior lls fees and disbursements from January 80 10
June y, 1862 That this attorney, besides other
vices, had commenced 40 suits ON printed papers
recover arrears due by the members, Of winch some
thrtv-:wo were Oh The calendar and likely TO De
shortly reached Tor trial. In each OF Which he claimed
be was entitled to receive the taxable costs ana
counsel fee before any could be substituted IN
hts place. rue funds, whatever had come INTO the
hands of the present receiver the tOtai amount
OF the ices claimed. considerably exceeded the
whole amount of assets collected by his predecessor.
Counsel on penaf OF the motion coDtcndeh that
there no dlepustUn To prevelt the attorney lor
the receiver IRON receiving all that WIS due MN;
but that The present receiver was without funds,
That The pefding reference was the only proper
method OF determining the amount due him, IA The
question coud not be decided on notlon. That the
cases IN question were about being reached, and II
was necessary that some step should be taken.
A. j. Nanderpoo and George W. Lockwood, In
opposition commended that she former receiver hy
Ing agreed to pay the costs and COUNSEL fee In each
case the Courl was bound 10 order that amount To
be paid as condition precedent 10 any suDsu lion
being made.
Judge Freedman made an order referring the mai
ter 10 A. J. smith, 10 deteraine the amount duc tie
attorney for The former receiver for services III toe
actions brought In tins court such reference to pro-
reed on Two days notice. On the coming IN Oh sucn
report ana the paying or securing OF the amount
or any reported to be due, let such attorney tho
present receiver shall designate pe appointed as
plaintiffs attorney IN SAID actOns Iurtner proceed
ngs IN said actions by me former receiver hs at
toraey being stayed unti the coming In OF said
report
George W. Wingaie for the notion; A. J. Wander.
pool and George ". Lockwood opposed.