New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-27
CIVIL NOTES.

In the matter of Bernhard Heller, bank
rupt, Register Fitch granted application to allow MN
TO amend his schedules by striking out the names VI
eight creditors who have creditors OF the BANK
rupt since the filing Of the petition ana N his app
cation and required the proceedings therein 70 De cer
fed by the United states District Court Jupso
ford affirmed yesterday, the decision Oh inc hess'oi
A writ recurring the production before him of
the body of Edne ii. Curtis who, it was claimed had
enlisted in the T. s. service while under age, was re-
turnable yesterday, before Judge McCunn Lieut.
Wheean in charge OF the al no. 90 on ~
that morning at o'clock to Carlisle Penn one hour
before the TT s WaS rnSgc McCunS dse6arred
s sSC %Ti fu' O' LID 'D 'i'' OS' ' '
In the Marine Court, before Judge Gross,
yesterday, George W. Niles appeared counsel for the
plaintiff in the case Of DObrman agt. Mitchell. Mr. Cou
der counsel for the defendant asked the Court to direct
the plaintiff to substitute in place of Mr. Miles,
at the same time producing document signed by the
Clerk OF the Court of General Sessions stating that Niles
convicted of conspiracy in that Court in 1881 and
sentenced 10 u years imprisonment, which Coudert
claimed disqualified him from acting attorney and
counselor at law in this state Mr. Niles submitted an
affidavit, and also certificate signed by the County
Clerk showing that he duly admitted TO the bar in
1872 The Judge took the papers and said he would III
vestigate the matter fully before giving his decision
The State of Pennsylvania in 1867 obtained
Judgment against the Quicksilver Mining Company,
Pennsylvania corporation, for $4,000 unpaid taxes
The Company afterward reorganized under New-YOrk
charter and transferred TO the Company all its
property The State OF Pennsylvania issued execution
the Judgment, which was returned unsatished ana
Richard d. Barclay thereupon appointed by the
PENNSYLVANIA Courts sequestatOr OF the property OF tho
Pennsylvania corporation He has commenced an acion
here for the recovery Of the debt in which an injunction
was granted Judge Ingraham directed yesterday the
appointment OF receiver OF so much OF the property
transferred by the Pennsylvania Company TO the defend
ant Will secure the plaintiffs claim.
Charles ID. Lord sued James Dunseith, yes
terday Part H. of the Superior Court before Judge
Mcneil to 5000 damages for the conversion Of
property received by the defendant Mr.. Melnger
in November 1869, gave mortgage Of $500 on dis
tillery at No. 5n West Thirtysxthst. which was as
signed 10 the plaintiff Feb o 1870 About this time the
L. s. Government had claim against the distillery for
an assessment of about 81 500 and the property
seized. Meanwhile the plaintiff and Mellnger agreed to
sell the property the defendant for $780, 500 OF when
paid down and the remaining S4OO was 10 be PAD
delivery of all the property. The Defendant at the
time OF the seizure by the United States authorities au
obtained of the property but failed 10 get the
rest Plaintiff demanded back the property the defend
had received Offering To back the $780, bus the
defendant refused and plaintiff accordingly brought the
action Motion made yesterday 10 dismiss the com
the MORTGAGE not owner; that defendant hav-
ing received the property under contract of SALE there
could not be any conversions that the u. s. Government
having a lien upon the property, the plalnuH had no
right to until the claim quidated; and That de-
PENDANT under the contract not liable until All the
property delivered to- him. Judge Mcneil granted
the motion and an allowance to defendant OF SlOJ.