The New York herald., 1871-03-09
SUPREME CoURT-CHAMBERS.
Jurisdiction Of the Courts Of This State in
suits Against Other States.

Jurisdiction Of the Courts Of This State In
suits Against Other States.
Before Judge Cardozo
John Q. Stock1oeu us The Treasurer OF the State Of
Itn0ts and the State OF Iuinois.-The plaintin had
procured an attachment against funds belonging to
the State Of Illinois, on deposit in the American Ex-
change Bank, IN this city, attaching $4,000 The
defendants oppose and seek to set aside the attach
ment for want Of jurisdiction They claim that the
STATE cannot be sued This comes up upon q mo.
ton to vacate the attachment for want Of jurisdc-
tioD. Mr. CroweL, in behalf OF the motion,
maintained that the court has no jurisdic-
ton or power 70 maintain an action against any
foreign State Or States Of this Uno6 Whe they seek
to enforce IN such action remedy against the
State. Mr.. Hull, in opposition to motion, contended
that nasmuch as the plaintiff found funds belonging
to the State In the hands OF the Treasurer Of the
State, now in the city OF New York, that he could
acquire Jurisdiction the State seeking TO reach
not be made party to the record for any purpose
except 10 give them an opportunity to oppose and
defend voluntarily 4 they wished, yet the property
qured N that way against the Stale, even If the
State was the ultimate power which had TO pay the
money On both sides numerous authorities were
quoted
The Court reserved its decision
Some Of the Troubles and Trials OF Our State
Military Defenders.
Benjamin Fl. Yard cS Eugene s. Eu,lSOn, Le,cfs
LenbuScher ana W. G. Wdrd.-This Old and familiar
case came up yesterday on a motion to vacate the
orders Of arrest against the first tive defendants
and the release OF the bail bonds Of all Of them. The
last named defendant Is brigadler general com.
manding the brigade OF National Guards to which the
Seventy-rst regiment belongs; the first is Major Of
the regiment, and the second was marshal deputed
to execute the orders OF court martial. The plain
tif, 1t Is claimed, enlisted In the regiment Septem
per IA, 1869, and failed to attend subsequent br-
gade drills and parades, for which he was court
imposed, said court martial being convened
The The s0'Ss second DEFENDANT was deputed as mar mar
shall to execute the sentence and not being
able to collect the fine thrust the plaintiff into JAIL
where he remained four davs, when he was re-
leased BY Judge Jones of the Superior Court, on
writ Of nabeas corpus. After his release he
procured from Judge Cardozo warrants OF
arrest against the first two defendants the ground
of alleged false imprisonment, claiming that he did
not belong to the regiment and that his arrest and
imprisonment, therefore, was illegal. He sued to
recover $4,000. The first two defendants were
placed In jail. and after remaining there day
eral Ward voluntarily surrendered himself and gave
the same bail. good share Of yesterday was con-
sumed in arguing the motion, Mr.. VanderpOel
appearing for the plaintiff and Mr.. Sewell fer the
defendants, representing the General Judge Advo-
cate of the State. multiplicity OF af1davits was
read on both sides various sections OF the military
code were descanted upon at great length and good
deal Of counter talk induged In about this being
genuine enlistment and fraudulent one, and about
The sacrednesS OF personal liberty and maintaining
the dignity and majesty OF the law, military, civic
and otherwise. The Court reserved Its decision.