Evening star., 1870-03-05
The COnPfa

COURT IN GENERAL TERN.-At noon the
Court IN General Term mct-Judges Cartier,
IN the case of Will vs.. Kimmell, ,Jud ye Cart.sr
delivered the opinion OF the Court i'm favor OF
Kimmell- In this case the question in whether
the fixtures OF restaurant are exempt from
execution, and the court held that they were
not.
In the case of Davis VS.. Pitcher & Lewis.
Judge Wylit delivered the opinion of the Court
affirming dec Son of Court below; Judge DIN
disc nted.
In the case of Hume ct al. vs. Beale. the
Court being divided, the decision Of the Court
below affirmed. Judge Olin delivered the opin-
ion affirming the dec sion below, with whom
Judge Fisher concurred. Judges Cartier and
Wylie dissented.
In the case OF Kennedy, Receiver. VS. the Na-
tonal metropolitan Bank, Judge DIN delivered
the opinion of tue Court affirming the decision
OF the Court below-the Court being equally di-
vided.
THE TEXAS BONDS.
The case of the State of Texas ayt White eft
al. was taken up, on a motion made in the court
below by the def nlants to dismiss the BILL and
alter short arguments by counsel the Court
decided that the motion could be heard Messrs
h. j. Merrick and Il. j. Durant are counsel for
the state, and Messrs. Hughes and Moore for
defendants. The action is brought to recover
bonds, amounting to Si2, 600, in the possession of
the defe endants which it is alleged were sold by
the rebel authorities of the State.
THE NoTARIEs PUBLIC OF THE DISTRICT
MT. Merrick called up the question of the
Tenure Of office OF the notarIes public Of the
District, and represented d that the Clerk of the
Court refused to certify to their official charac-
Ter, ne holding that under the act OF April Sth.
1854. the term of their Office had expired; and
ne asked IT the Court would hear the question
on special motion to direct the Clerk to certify
10 the othcih character u such officers, or
would 1t be necessary to bring the question be-
fore the Court on a petition for a mandamus?
The Chief Justice remarked that the Court
would prefer that the question should come up
on md~ddnaus, "a 1t was very important one,
which the Court had already consulted on.
Mr. Merrick Immediately prepared petition
for mdnddmus, with view to having the case
immediately argued and decided
1.-The act under which the nOtaries are ap-
pointed fixes their term of office for five years.
and the amount of bond at 81 600. If the Court
decides that the Clerk has taken the proper
ground. there issbut one legally qualified notary
In the District, Mr.. Z. Walter, the terms of all
the others having expired in April last, and his
term will expire in May next. II this be 30, ali
deeds and other papers acknowledged before
other notaries since April last are null and
vOid]
EQUITY COURT, Judge Wyrie.-This court was
engaged as follows yesterday:
COyle agt. Clarke.-In this case real estate in
Georgetown has been sold, and application rs
now made by Mr.. jackson to set aside the same
for number Of reasons; among others that the
decree should first be advertised in newspapers
having large and general circulation in the COM
munity where the property is situated, but that
thIs PfopeTty was nOt auNeItlseu In IHE STAR
and Repubiiedn, papers having such large and
general circulation, but in the Chronicle, which
had not.
Mr.. Meloy, the trustee, argued that he had
conformed to the decree, which required the
sale to be published in the Chronicle. but named
no other paper.
Judge Wylie held that the trustee was justi-
ned in pursuing the course he did by the decree
itself, and that the sale could not be set aside on
that ground alone; but as the sale had been
made at the trustees Office, &C., he directed
that the sale be set aside, and the property be
resold upon the premises. and after sufficient
public notice of the time and place of sale.
Mackall agt. Mackall; divorce case.-Order
taking case from calendar.
Carr agt. Carr.-This is a divorce case the
facts Of which, as stated in the bill, have been
heretofore reported. The case was be gun, but
not concluded. Bradley-Phillips.
The court then adjourned until Monday.
ORPHANS COURT, Judge Purceu.-To-day
Crias Hurst qualified as administrator of Chas
w. Blackboard S600;and Mrs. Susan b. Stevens
on estate of NJ. II. Stevens-bOnd $50 600.
CAPT. JOE WOOD, formerly of the Metropoli-