The New York herald., 1877-12-01

but temporar lily In the custody OF the ooarde! Ine
owner OF the flag, Dennis O'Halloran, brought suit
in tho Marine Court TO possession OF the nag
or IT'S value together with damages for It's detention.
The value OF tho nag xed At $50 and ON the trial.
which resulted 10 favor plaintiff the jury estimated
the damages for its detention At twenty-nve cents
OHalorAn got hts flag. and counting Its value and
the damages Tor detention, he became entitled 10
nssn .nd a pe s Rs5ors ssc,ou an execution
was issued against tho body OF the oeIendant ana
he was taken INTO custody HIS bondsman was .
well known politician OF the Fourth ward, who Tor
some reason concluded to surrender the defendant
after the election was over In Marine Court, Cnam-
bers, yesterday, Mr.. Herman Stefel counsel or tne
Imprisoned debtor, made y motion before Judge
AcAdam 20 vacaLe and set aside the execution under
made on the ground that Il had irregularly and
piematurely issued that In violation oi tne code
AN execution against the body had been issued before
tho iss ung OF an against Inc property OF
the judgment debtor and It's return by the Shern un-
satisfied The Court granted the motion and made an
consequently setting at liberty the judgment debtor,
to whom his avachmenI for the national nag has
brought such unforeseen disaster
SUMMARY OF LAW CASES.
Tho case OF Mabel Leonard set down for hear
ing yesterday beoro Judge Larremore, was adjourned
until next "Wednesday, owing 10 tho engagement OF
Judge Dittenhoofcr In the silk smuggling trial in tho
United States courts, he being the counsel Tor Mabes
father.
Permission was gwen yesterday by Judge Larrcmorc
to Henry A. Smally receiver OF tho American Mining
Stock Exchange. to bring SUIT against John Sib-
Icy and William H. Daley. sursties on the bond OF
tho laie John T. Daily, former treasurer OF tho Ex-
change
Judge Larremorc, who has beon holding Special
Term In tho Court OF Common Pleas during the last
month, has heard and disposed OF 2o5 motions. The
Judge has commendablc respect for time, which he
does not allow 10 bc lost IN useless wrangng oi conn
sci, who, unless repressed, are constantly engaged "a
wordy debate over their own personal aliars
There was quito lengthy argument yestcroay, oe-
fore Judge Jarremore, on motion 70 reduce Daii or
vacate the order oil arrest in the case Of David Y.
Thayer who had been arrested on account OF alleged
discrepancies Ia his accounts as bookkeeper IA thc
branch Office In this city Of the Benedict 4 Burn
and In which the bail was fixed at $50 0Oo Inc court
reserved its decision.
OF the offence OF exhibiting horse with ganders nt
tho horse market in Scventyiourth street on tho 81
Of the Society tho Prevention OF Cruelty TO AMI
mails yesterday, on motion OF Assistant DistTict
Attorney Herring called Tor sentence IN Fart OF
the Court OF General.essions. Recorder Hackct, af
ter commenting severely on the serious nature OF tne
offence. sentenced the prisoner 70 SIX months im-
Nelson A. Gesnsr was yesterday released in tho
of S. 900 motion OF his counsel Mr. John .. Mott
The prisoner may bo remembered, was arrested Tor
completely in the $4,000 forgery on the Third Ma
tonal Bank, and pending an examination before JUS
tce Duffy was Indicted. This action, however, was
declared illegal, and he was discharged. The Grand
jury found a Indictment against Gesner, who was
arrested by Detectives Field and OConnor, OF tho
District Attorneys office, to which place he was taken
aud admitted TO ball. g. Do Forest Branl, of No 800
Macon street. Brooklyn, becoming his surety.
Tho trial OF tho two suits-the trst that OF the
Blocker Street, Christopher and Tenth Street Rail-
companies against the city and he Central Cross
town Railroad Company, and the second that Of tho
People against tho twenty third Street, Christopher
ana Tenth street and the Beeckcr street Railroad
Company-whcn has been in progress Tor several days
preme Court was yesterday brought to close No
facts additional TO those already developed were
elected In protracted evidence. The counsel were
gwen until week from next Monday to hand In their
pants. Messrs. Robinson l. ScriDner and Flanagan
l. Bright appeared for the Bleeckcr Street and
Twenty third Street railroad companies, and Messrs
Simon Sterne, Joseph II. Choatc, George r Andrews
and Attorney General Fairchd for the other partes