The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-27
LIEN ON A WIFE'S ESTATE
Habeas Corpus Proceedings in Lar
ceny Case.
Testing the Legality Of an
Election.
Business Transacted in the Unitse1
States Courts.


against John Flanagan has been set down q
Judge DOnOhue for the 9th OF Februar, Z
The issue IS 70 try the title OF tie respondent
MS ONCE as civil justice. The prosecution claim
That the election was void because conducted in
open violation of law, and the prayer Of the COM
plant Is that the election lie declared o nudity
and new one ordered. On behalf of Judge Elan
agan II is set up that the election was valid one
and not in contravention OF law. General John
Cochrane, George N. Curtis and M. Solomon ap-
pear for the People and David Dudley Field and
John IL. Haskins ior the respondent.
An action has been commenced In the United
states Circuit Court, before Judge Wallace, by
william E. Harding, against Collector Arthur, to
recover duties paid under protest upon large
quantity OF impogted sausages. Recovery Is
eaimed under the act OF 1872, which exempCs Bo-
ioGna sausage IRON duty, and plaintiff claims that
In the common meaning OF the term the sausages
imported oy him come under that act
The steamer Monterey, while coming into this
port from New Orleans found the steamer Emily
b. Souuer in a disabled condition outside OF Sandy
Hook and towed her into port. Action was
brought BY the owners Of the Monterey to recover
salvage. On close OF argument in the case yester-
day Judge Blatcnford decided that the circum.
stances OF the case tended to reduce the service
to towage service. and awarded the claimants
5000.
Judge Blatchford yesterday issued an order OF
condemnation against 10000 Struggled cigars
seized on the steamer Crescent C1ty-the lot
Struggled by Francisco Avehant, and for partici-
pallon in which Custom House Inspector Harris
was lately convicted.
Testimony was yesterday taken in the matter OF
the Will OF the late James HendricK, OF Morrsania
which Is contested by claimant who represents
himself as the son OF former wife still living.
The testimony showed that the Will presented for
probate was legally executed.
THE QUICKSILVER MINING COMPANY.
In the suit OF Kent vs.. The Quicksilver Mining
Company and others temporary injunction was
recently granted by the Supreme Court enjoining
the company against the issue of any new pre-.
ferred stock Judge Daniels, before whom the
case was heard in Supreme Court, Chambers
gave his decision yesterday continuing the inJunc.
tion. The present company was organized In
1867 and the property OF the older Pennsylvania
company was transferred TO 1t, the stockholders
to receive stock share for share in the new com.
pany The stock was fixed at 100000 shares OF
$lOO each In his complaint Mir. Kent says that the
company, In the winter OF 1Se9-7O, was Insolvent,
and 1t was doubtful whether the company's re-
that in order to raise money the plan was ADOPTED
Of allowing each holder OF common stock to con-
vert vert 1t INTO preferred stock ~ paying S. per
snare, while the books were kept open by tue
airecIors lor that purpose. The books were closed
N April, 1870. at which time 42els shares OF the
common STOCK were converted into preferred
STOCK, and $2lA565 paid IN. Kent bought 5000
shares 81 OF the preferred stock, and 200 snares
that there is now 100000 appcaDe 0 to in.
and the defendants admit tsat s475,O mas been
SO earned and received. In November last, the
isSo shares adopted resolution snaees aga.ass
ing to those holding common stock the
option OF changing their SHARES into preferred
IA ntpto ctutp
February "a. 1870. MIR. Kent Drings suit to pre-
vent the CARRYING out OF TINS resolution.
Judge Daniels continues the Injunction until the
doing 50 in the following BRIEF but ON S i've
This action was commenced by the plaintiff as
the owner OF preferred and common stock OF the
tnrt"a ior inc PURPOSE OF preventing the
STOCK. 1t Is certainly exceedingly doubtful, to
!ay the least, as no power OF that kind has been
Expressly conferred by It's charter, whether the cor
poratlon can legally authorize sucn conversion.
As the owner or 100 shares OF the common stock,
Iae plalntln, who never consented to the issuing
sf preferred stock, has the equitable right to have
That doubt solved before any such au hority snail
be exercised by the company Whether the pre-
ierred stock held by paintIn can be sustained as
vaId u Is not necessary to consider at this time,
Tor he has sufficient interest as the owner OF com.
mon stock TO entitle him to protection against the
!urtner issue OF preferred stock 1.-THE company has
stock. 1t is certainly difficult TO discover under
tne cnarter OF the company, any source from
which the power TO Issue preferred stock can be
ZION should be continued to the nnal hearing in
inc cause. An order OF that nature Will therefore
be issued.
LIEN ON A WIFE'S ESTATE.
In March, 1872 tire East River National Bank
obtained Judgment against Charles Koehler for
$1.o49 81, which Judgment was assigned to Fred.
erick II. Mann Supplementary proceedings hav-
Ing been instituted by Mr.. Mann Tor the examine
zion OF Koehler proposition was made that II
TIM
Oharles Koehler would give bond and mortgage
as security Tor such Judgment This proposition
was accepted. bond to secure the payment was
executed. anu as collateral security TO said bond,
the Koehlers also executed mortgage o Mann
upon CERTAIN premises belonging to Mrs. Koenler.
Inc SAID bond contained clause binding Mrs.
koehier's separate estate for the payment Of the
assigned Judgment. 1t was claimed on behalf OF
Mann tnat this clause gave him q specific lien
upon az the separate estate OF Mrs. Koehier be-
ndes mat mentioned In the mortgage. An action
was brought TO enforce this lien. The case was
srled before Judge Van Brunt, in supreme Court,
Special Term. decision was given In the mat.
ter yesterday. Judge Van Brunt holds that. un.