The New York herald., 1877-02-17

into the OF the trust estate as be had right TO-
Judge Bsrrot. took 1t under consideration whether ne
would compel the trustee TO answer the disputed
questions or not
JURISDICTION OF REGISTERS
Relative to the bankruptcy Of Alsberg L Jordan
Judge Biatchford yesterday decided question
tined from Register Dwight The Registers certificate
stated meeting OF the creditors Of the alleged
baDkrupts Messrs Carter and Eaton appeared on be-
half of certain o the creditors and filed proofs Of debt
Tor them. Jerome B. Hill appeared attorney IN fact
lor those creditors and exhibited from them power
Of attorney. The debtors made proposition for
composition, nor did they file any schedule OF assets
ana liabilities, but requested an Adjournment Au OBJ
jccton made by Carter and Eaton on the ground
that they represented majority IN amount of the
creditors, and that they were opposed to the compost
ton specified in notice sent to the creditors, and
that the power OF attorney 10 Hill did not allow HIN to
the dollar Register Dwigh. certified that
the proofs OF debt fled by Carter and
creditors The meeting adjourned, and at the next
meeting the debtors offered forty per cent An ad
Journment was again had certain credors desiring TO
examine the debtors AT the next meeting the debt
ors, not having statement OF assets ready Tor ing
asked Tor adjournment. This was objected TO by
counsel on the ground that the Register has no Jurs
dcon because the statement OF debts and assets had
not been presented that, matter Of discretion, he
ought grant iurther delay without
able beng given by the debtors The Register
granted the adjournment as desired. At the next
meeting the debtors submitted statement OF
assets and debts which objections filed the
ground that II was insufficient and irregular, iOr the
reason that it was mere summary Of the gross
of the instead of detailed statement
required by law The question was certified to the
Court whether the Register was authorized in adjourn
ing the meetings and acted properly adiourniDg
them. Judge Blatchiord sustained the Register.
THAT WRIT OF PROHIBITION.
In the matter OF the writ Of prohibition issued by
Judge Barrett, in Supreme Court, Chambers,
Wednesday last, with reference to the action
- h,of Tudu
mott, at the last General Term of the
court the facts copnec,ed with the application for
and issuance oil the writ in the OF Adolphus
Cantrel are as folIows:-Judge Alker, before whom
tho case OF Adophus vs.. Cantre originally tried,
was one OF the judges regularly assigned to sit at
General Term. A motion made before the General
Term to dismiss the appeal, for the reason that Mr.
MoranBc had failed to prepare his side OF tho Tor
argument, although seven months had elapsed. The
motion addressed to Judge Shea, Mr. Norange
applying Tor further time and stating that pre-
pairing afdavt to have his rescttled, and
Quired time to PRINT his case. Judge Shea presiding
inquired of Judge Aker how many pages the proposed
case would cover, Tor the purpose OF fixing the time
to be graLted TO Mr.. MoraDge. Judge Alker replied
the would only three tour sheets Of paper
Thereupon Judge Shea having informed counsel what
Judge Aker sald granted him ton days. gence,
the same time stating that II IN the meantime the
printed and submitted the appeal should
be dsm msscd In his affidavit Judge Shea that he
had consultation with Judge Aker In the matter Of
the appeal in any manner or form, and that Judge
Alker did not advise with him the maxi OF the
order. Judge Aker's name appearing the order
thought on the part OF opposing counses
clerk in preparing the papers. Judge Barrett, rem
dering his decision, expressly stated that he relieved
Judge Alker from all mpuaiion Of Interference in the
action OF the other judges in the case that he decided
the mo,ioa simply and solely on the ground that
clerical had been commttcd that the fact Of
Judrc Shea addressing Judge Akcr on The bench when
the Case under review probably sufficient to
lead tho defendants attorney and afford hun legal
ground 10 obtain temporary WRIT and that according
to the face o the papers presented TO him. he Con-
strained to sustain the writ but combining the prohibi
ton exclusively to the Or r0ceed ngs under the order