The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-20
SUPREME COuaT-cAAm3sss.
Sharp Legal Practice Defeated.
Before Judge InRraham,


Before Judge Ingrsham.
In re the National Aechantcs' Banking Ass0ota.
ton %. The MaripOsa Company, ana In re Samuel
B. White uS. The Sarne.-AppilcatiOns were made in
these two cases for the appointment Of o receiver,
which was granted. Subsequently application was
made to set aside Of the receivers, each plaintiff
in each suit claiming that his receiver should be re-
tainei. This application was made In the White
case in March, 1870. when an arrangement was
made between the opposing counsel that either
might bring it up on a days notice. Nothing
was done until last May, when the receiver
in the White suit was appointed. On the
same day an order was made that 9 re.
the bond was not MED Till two days later Gs' notion
was made to set aside the order appointing the re-
cision in the case yesterday morning granting the
motion HIS first ground is that there is no propriety
celver, and by stipulation with the attorney for the
defendant to allow the proceedings to lie dormant
their Claims and them by consent Of the attorney at
tempt to gain priority, Which priority should be
given to the vglant creditor His second reason Is
that the facts show that there was COLLISION In the
case Of White against the company to defeat the bank
His third reason Is because, in TACT the receiver
in the case OF the bank was appointed on the nth
OF May, 1871, and the bond approved on the sue
ceeding day, while the order In the other case was
same day. The Judge says in conclusion, that ''the
attempt to overreach and defeat proceedings by OBJ
tanning fling OF the papers should not be allowed
to succeed when 1t Is apparent that the attorney for
the defendants knew OF both proceedings, knew That
the receiver had been appointed on the ltn OF May,
advening the other application, with the view OF
giving priority therein.
Father After His Children.
Before Judge CardOzo.
In re Julia E. ana Charles q. O'Connor.-These
two children, the former nine and the latter seven
years Of age, were brought up on writ Of habeas
corpus IL was represented on the part Of Patrick
Olo p,tnn m ho tbar fof horo nlo ant
of St. Louis that the children were committed to
the Protestant lf.Orphan Asylum by Mrs. Ann NJ.
Turner, his hOusekeeper, under the names OF julia
bered as having been brought before Justice Cox on
charge OF kidnapping, and that the complaint was
dismissed. For Mrs. Bush, matrOn OF the asylum,
1t was stated that she did not know the names OF
the children To be otherwise than those appearing
on the records Of the institution ana that she was
told they were brought there account of i'll
usage by their father. Further hearing In the case
was postponed till the Goth inst.
A Rioter Anxious for Liberty.
In re Patrtch Hogdn.-Patrick is now prisoner
in the Tombs. where he is temporarily confined
awaiting trial on a charge Of being one OF the late
rioters Judge Shandley committed him, the EVIL
dence showing as alleged that he was arrested
with brick in his han1. Application was made for
his release on q writ Of naDsas corpus the Judge
prisoner was accordingly remanded.
A Fortunate Escape.
In re James NcAlear.-This party was arrested
on q charge Of burglary and stealing lead. Owing
to some mistake, Justice Cox, before whom he was
brought committed HIM for vagrancy. He was
brought up on writ OF habeas corpus, and his release
ordered.
Decisions.
BY Judge Cardozo.
laurence ct al. Us. 7avlor.-Mo,ion denied.
| He,ton us Mitcheu.-MOtiOn granted. Allowance
/ Of five per cent.
| Sarah A. Robins ct al. us. Amelia Robins ct al
Motion granted, confirming report Of sale.
| D. A. Clapp Is. Ed,card WOlr ct al-Motion
| granted for Judgment.
| Henry n. BuctOee ct al Us. Hannah CFOne ct al
Order granted.
| Wiuiam II. Pauldtng Us. s. r. Shepard.-Motion
denied without costs.
| John Kinxie ct al Us. Thomas Ktnzie.-Motion
granted.
| Tdpsc0u Us. AOf0an.-Mcmoranda for counsel.
| KOhner %. Hdr0ous Ell dl.-MOtiOn granted.
Esteces ps. BrfnCke7hoD ct dl.-Order granted.